Image:Israel Kamakawiwo'ole Facing Future.jpg

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Israel_Kamakawiwo'ole_Facing_Future.jpg‎ (213 × 212 pixels, file size: 77 KB, MIME type: image/jpeg)

Album cover for Facing Future by Israel Kamakawiwoʻole

This image is of a cover of an audio recording, and the copyright for it is most likely owned by either the publisher of the album or the artist(s) which produced the recording or cover artwork in question. It is believed that the use of low-resolution images of such covers solely to illustrate the audio recording in question, 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 uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information. To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Non-free use rationale guideline, as well as the source of the work and copyright information. For an example fair use rationale, see here.

Fair use rationale for Facing Future

• It is believed that the use of this image on the English-language Wikipedia to illustrate an article on the audio recording 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
• 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

[edit] Fair use in Israel Kamakawiwoʻole#Music career

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. It illustrates a section of the Israel Kamakawiwoʻole article dealing specifically with the album from which the cover illustration was taken.
2. The image is used as the primary means of visual identification of the section topic.
3. The use of the cover will not affect the value of the original work or limit the copyright holder's rights or ability to distribute the original. In particular, copies of the image could not be used to make illegal copies of the album artwork on another CD.
4. It is a low resolution image.
5. The image is only a small portion of the commercial product.
6. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.

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