Image:Bwsweep.jpg

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Bwsweep.jpg‎ (450 × 448 pixels, file size: 40 KB, MIME type: image/jpeg)

Retrieved from [1], this is clearly a publicity photo of the subject.

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 United States copyright law. 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. 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 should 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.

[edit] Fair use rationale for Fred Rogers

• It is believed that the use of this image on the English-language Wikipedia to illustrate an article on the person in question falls under the "Non-profit educational" clause of the Fair Use doctrine currently upheld by United States law. (17 U.S.C. § 107)
• The image is irreplaceable; a free analogue is impossible to produce as the original will be covered by copyright for the foreseeable future, and the subject is deceased.
• Owing to the limited web-resolution of the image, only a small portion of a copyrighted work is used.
• For the same reasons, the portion of the copyrighted work used is of inherently lower quality than the original, reducing the risk of competitiveness and therefore the effects of this copy on the market for or value of versions held by the owner of the copyright.
• The image was originally a publicity photo, and so the use here does not reduce the commercial viability of the original image
• The image is significant, since it provides primary visual identification for the reader of the subject, and creates grounding for commentary and explanation carried out in the article. Fred Rogers is pictured as millions of children knew him, in his trademark sweater, and in front of a model of the "neighbourhood" for which he was so well known, and the show pans through at the beginning.

[edit] Fair use rationale for Mister Rogers' Neighbourhood

• It is believed that the use of this image on the English-language Wikipedia to illustrate an article on the show in question falls under the "Non-profit educational" clause of the Fair Use doctrine currently upheld by United States law. (17 U.S.C. § 107)
• The image is irreplaceable; a free analogue is impossible to produce as the original will be covered by copyright for the foreseeable future, and the subject is deceased.
• Owing to the limited web-resolution of the image, only a small portion of a copyrighted work is used.
• For the same reasons, the portion of the copyrighted work used is of inherently lower quality than the original, reducing the risk of competitiveness and therefore the effects of this copy on the market for or value of versions held by the owner of the copyright.
• The image was originally a publicity photo, and so the use here does not reduce the commercial viability of the original image.
• The image is significant, since it provides primary visual identification for the reader of the subject, and creates grounding for commentary and explanation carried out in the article. The "neighbourhood" is clearly shown, which was an integral part of the show, along with the host and narrator.

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