Image:Zhovtnevaya.jpg

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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 article "Beresteiska (Kiev Metro)" :

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 ([1]),

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.

This is the station Zhovtneva (Oktyabrskaya) of the Kiev Metro, now called Beresteiska (Kiev Metro). Photo circa 1970s.

[edit] Rationale

First published in the Large Soviet Encyclopedia in 1970s, has been used on many other sites still. Work is definitely copyrighted, but no author claims of copyright has been made. Suggest - qualifies as fair use. Original source [2]

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.

[edit] Fair use for Beresteiska (Kiev Metro)

Fair use rationale:

The image in question is used in the context of the article to illustrate a structure which has been significantly altered since the image was taken.

No free equivalent image is known to exist.
The image in question was probably published by the copyright holder as promotional material, its use here does not replace any market role for the original copyrighted media.
It is used to illustrate one articles on wikipedia; Beresteiska (Kiev Metro).
The image has been published.
The image meets general Wikipedia content requirements (encyclopedic).
The image meets the media-specific policy requirements (format).
The image is used in at least one article.
The image contributes significantly to the article in question, since the appearance of the structure has changed significantly since the photograph was taken.
The image is only used in the article namespace.
The image contains proper attribution of the source of the material, a fair use tag, and a fair use rationale.

File history

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	Date/Time	Dimensions	User	Comment
current	16:01, 11 November 2006	500×379 (22 KB)	Kuban kazak (Talk \| contribs)	({{fairusein\|Golden Gate (Kiev)}} This is the station Zhovtneva (Oktyabrskaya) of the Kiev Metro, now called Beresteiska (Kiev Metro). Photo circa 1970s. ==Rationale== First published in the Large Soviet Encyclopedia in 1970s, has been used on many )