Image:Dead kennedys.jpg

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Picture of the Dead Kennedys, taken wrrg.org, cropped due to an ugly white line in paint, converted to jpg. I believe this is fair use because the same picture is on the Dead Kennedys website.

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.

To the uploader: This tag should only be used for images of a person, product, or event that is known to have come from a press kit or similar source, for the purpose of reuse by the media. Please add a detailed fair use rationale as described on Wikipedia:Non-free use rationale guideline, as well as the source of the image and copyright information. Additionally, if the copyright holder has granted permission, please provide further details as to the terms.

[edit] Fair use rationale for Dead Kennedys

*It is believed that the use of this image on the English-language Wikipedia to illustrate a section of the article on the person(s) depicted falls under the "Non-profit educational" clause of the Fair Use doctrine currently upheld by United States law. (17 U.S.C. § 107) *It is unlikely that a freely-licensed image suitable for illustrating the section of the article describing the subject's arrest and incarceration will be found, owing to the nature of the section (unlikely that there are any freely-licensed images taken during this period). As such, the photograph can be reasonably described as "irreplacable". *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.

This photo depicts the original lineup, including Jello Biafra, who is no longer in the band and has an acrimonious relationship with them. As such, the original lineup can be considered to be defunct, the equivalent of an individual being deceased. As no free replacement could be created that would convey the same information, this image can't be replaced, except with another fair-use image.

File history

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	Date/Time	Dimensions	User	Comment
current	22:52, 12 March 2005	256×271 (24 KB)	Saint-Paddy (Talk \| contribs)	(Picture of the Dead Kennedys, taken wrrg.org, cropped due a ugly white line in paint, converted to jpg. I believe this is fair use because the same picture is on the Dead Kennedys website. {{fairuse}})