Image:Yushchenko OurUkraine.jpg

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Yushchenko_OurUkraine.jpg‎ (410 × 599 pixels, file size: 34 KB, MIME type: image/jpeg)

• Description:Official Photo of Ukrainian President Viktor Yuschenko. The image came from the Website of the Ukraine President (© 2000-2005).
• Source: From [1]

This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the articles "President of Ukraine", "Orange Revolution" and "Viktor Yushchenko": To illustrate the subject in question Where no free equivalent is available or could be created that would adequately give the same information On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation ([2]), qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights. To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

[edit] Rationale

This is the publicity image, an official portrait of the Ukrainian leader released by the Ukrainian government and his political party. The appearance of the subject of the article has been drastically altered by the poisoning incident in the Fall 2004. Thus, the image is not only unrepeatable but also irreplaceable by a generic image that would merely show how the person looked like. This is the official image that shows not just the appearance of the subject but how he and the authority wanted him to be represented. The image is of the sufficiently low resolution, its owner, the Ukrainian presidential authority and the political party Our Ukraine put it up for the publicity purposes and would not lose any profits from Wikipedia's using it. It is therefore believed that the usage of this image by the non-profit Wikimedia foundation for the educational purposes to illustrate the article constitutes fair use.

This media was proposed for deletion as a replaceable non-free content. The result was to Keep the image, as no adequate free-licensed image exists or can be created to fulfill the limited role performed by this image at the time deletion was considered. However, this image may be replaceable by free images in other contexts, and in such cases the free image must take precedence. A discussion of this decision may exist on the image talk page.

Alex Bakharev (talk) 00:27, 23 November 2007 (UTC)

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