Image:Merzbau.jpg

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[edit] Fair Use Rationale

This is a low resolution photo of a building built by the artist Kurt Schwitters, that no longer exists. It is believed that the copyright is held by the estate of Schwitters No public Domain image could be used to replace it. The article discusses the building in depth, and needs an illustration to help articulate the discussion, and to disseminate ideas pertaining to the artsist's work. The photo was used bu Schwitters to publicise his work, and has since been widely disseminated to illustrate an important work of 20th century art.

This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) who owns copyright of the original has the exclusive right to authorize derivative works. Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright. It is believed that the use of a picture to illustrate the three-dimensional work of art in question, to discuss the artistic genre or technique of the work of art or to discuss the artist or the school to which the artist belongs 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, might be copyright infringement. To the uploader: please add a detailed fair use rationale for each use as well as copyright information on the original artwork.

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