| Description |
Promotional image of Roscoe Born as Tom Fisher on The Young and the Restless. |
|---|---|
| Source |
Uploaded by Kogsquinge on 21 March 2007. |
| Portion used |
Single image |
| Low resolution? |
Yes |
| Article | |
|---|---|
| Purpose of use |
Primary means of identifying a particular representation of a fictional character in the article about that character. |
| Replaceable? |
Copyrighted characters and series; by nature, no free version exists. |
Promotional photo of Roscoe Born as Tom Fisher. Source: http://wwwimage.cbs.com/daytime/yr/star_images/actors/dt_yr_act_large_rborn.jpg
Fair use for Tom Fisher (The Young and the Restless)
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Kogsquinge asserts that the limited use of this copyrighted image in Wikipedia articles directly pertaining to it is a fair use of the image, for the following reasons:
- It depicts a fictional subject (such as a character) that is copyrighted. It would be impossible to create a replacement image which would not be subject to the original author's copyright.
- The image is only used to illustrate the fictional subject, and not to illustrate a non-fictional but related subject (such as the actor or illustrator).
- The image substantially improves the article it is in.
- The image is no larger, and of no higher quality, than required for its use in articles.
- It is used in Wikipedia only for educational purposes and is not used for profit.
- Its use on Wikipedia does not compete with the copyright holder.
- Its use on Wikipedia is not expected to decrease the value of the copyright to its holder.
Licensing
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The copyright for it is most likely owned by the company who created the promotional item or the artist who produced the item in question; you must provide evidence of such ownership. Lack of such evidence is grounds for deletion.
It is believed that the use of some images of promotional material to illustrate:
- the person(s), product, event, or subject in question;
- where the image is unrepeatable, i.e. a free image could not be created to replace it;
- on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation;
qualifies as fair use under Copyright law of the United States. Any other usage of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Publicity photos.
Additionally, the copyright holder may have granted permission for use in works such as Wikipedia. However, if they have, this permission likely does not fall under a free license.
Warning sign
Please note that our policy usually considers fair use images of living people that merely show what they look like to be replaceable by free-licensed images and unsuitable for the project. If this is not the case for this image, a rationale must be provided proving that the image provides information beyond simple identification or showing that this image is difficult to replace by a free-licensed equivalent. Commercial third-party reusers of this image should consider whether their use is in violation of the subject's publicity rights.