Image:Captainbeefheart.jpg

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Captainbeefheart.jpg‎ (485 × 585 pixels, file size: 226 KB, MIME type: image/jpeg)

source: http://soundbites.typepad.com/soundbites/birthdays/index.html

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 "Captain Beefheart" : 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.

[edit] Fair Use Rationale

1. It is a historically significant photo necessary to illustrate a famous person
2. The photo is only used to represent what the subject looked like
3. This is used for encyclopedic purposes, no profit is gained from it's use
4. There is no free alternative, and since the subject makes few public appearances, it would be incredibly difficult to create one

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