User:Prisonblues/Fair Use

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FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. I am making such material available in my efforts to advance understanding of educational, historical, environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. I believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

Fair use rationale[edit]

Not all inclusions of fair use material may violate the GFDL; if there is a significant reason to include the image and no permission can be obtained it may still be allowable under the GFDL — a justification may be necessary. If you are claiming "fair use" it will help later users under the GFDL to determine if the "fair use" is broad (for further encyclopedia use) or perhaps not even applicable to Wikipedia. It will help if the basis of the "fair use" is explained (briefly). See the Wikipedia article on fair use for an explanation of the topic.

This should be done in two places. Firstly, add the following hidden text in the article:


<!-- FAIR USE of IMAGENAME.jpg: see image description page at http://en.wikipedia.org/wiki/Image:IMAGENAME.jpg for rationale -->

Secondly, add rationale text to the image description page, beyond the information mentioned above. This fair use rationale text can be in the following format (the following are just basic examples, you must write your own specific text, do not copy this text for that purpose):

== Fair use for [[ARTICLE NAME]] ==
The image picture-fair-use.jpg is being linked here; though the picture is originally copyright I (~~~~) feel it is covered by fair use because:
#it is a low resolution copy of a CD album cover;
#it does not limit the copyright owners rights to sell the CD album in any way;
#copies could not be used to make illegal copies of the album artwork on another CD;
# the image on the cover is significant because it was made by a famous artist, [[name]].
== Fair use for [[ARTICLE NAME]] ==
The image linked here is claimed to be used under fair use as:
# it is a historically signifcant photo of a famous individual;
# it is of much lower resolution than the original (copies made from it will be of very inferior quality)
# the photo is only being used for informational purposes.
# Its inclusion in the article adds significantly to the article because it shows the subject of this article and how the event depicted was very historically significant to the general public. ~~~~

The above are only general examples; for what information to be included in this entry you can review the list of four factors in the fair use encyclopedia entry and use the Checklist for fair use a pdf document from Purdue University to draft your answers. The information should be as specific as possible, i.e. why you need to use the image as part of the article. Remember to put any information about the copyright owner on the image page after you upload the image and mark it "fair use." The rationale text should be mentioned in the actual article so that it is part of the article and anyone editing the article can see it but it is in the text not the talk page. It can also be mentioned on the talk page for a discussion with other Wikipedia contributors). Adding this information is no guarantee that the image will not be later removed, but it will demonstrate a rationale to others that you may have a valid justification for including "fair use" materials that can be used under the GFDL.

Remember there is no "general rule" about fair use, each "fair use" must be explained and a rationale must be established for that specific use (i.e. every page that uses the image will have a distinct rationale for using the image on that page even though fair use is claimed on the image page).