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File:Berlin Regency Geffen.JPG

Non-free media information and use rationale true for Berlin (band)
Description

Photograph of Berlin, circa 1984

Source

ZZZ003893-PP.jpg via "Berlin Promo Print" (Item Number: ZZZ003893-PP) on the Wolfgang's Vault memorabilia shopping website. (Modified copy at http://2.bp.blogspot.com/_UjRpW1RlbC0/SKsdHJX8hRI/AAAAAAAAE_Y/GS-f8j4eTaE/s400/post4.jpg was used on Wikipedia earlier.)

Article

Berlin (band)

Portion used

whole

Low resolution?

The copy is of sufficient resolution for commentary and identification but lower resolution than the original publicity still. Copies made from it will be of inferior quality, unsuitable as artwork on pirate versions or other uses that would compete with the commercial purpose of the original artwork.

Purpose of use

Identification and critical commentary in the Berlin article, a subject of public interest. The image confirms to readers they have reached the correct article, and illustrates the group.

Replaceable?

No free alternative could be created to illustrate the topic in question. A free contemporary image would not convey the same information: This lineup of the band at their peak only lasted from 1982 to 1987, so all alternatives would have to meet the same (if U.S.) or more restrictive (if non-U.S.) criteria to be public domain. The original band have been split since 1987, and a reunion is unlikely.

Other information
  • Use of the promotional photograph in the article complies with Wikipedia non-free content policy and fair use under United States copyright law as described above. The image meets general Wikipedia content requirements and is encyclopaedic.
  • The "Berlin", "Regency", "MFC", and "Geffen" logos are visible framing the photo, supporting the claim that it was originally used to promote the band.
Fair useFair use of copyrighted material in the context of Berlin (band)//en.wikipedia.org/wiki/File:Berlin_Regency_Geffen.JPGtrue

This photo is possibly public domain (see {{PD-US-1978-89}}), because it has no apparent copyright notice and publicity stills usually weren't registered in this era. However, it would require making sure at least one copy is completely missing a copyright message (front and back) and at least some search of U.S. copyright records to show that the photograph wasn't registered. Until that happens, this is claimed as fair use out of an abundance of caution.

Licensing

Copyrighted
This is a copyrighted image that has been released by a company or organization to promote their work or product in the media, such as advertising material or a promotional photo in a press kit.

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.


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