Image:Rachel Whiteread - House.jpg

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Rachel_Whiteread_-_House.jpg‎ (128 × 128 pixels, file size: 5 KB, MIME type: image/jpeg)

An image of Rachel Whiteread's sculpture, House. This image is owned by Tate Photography. Source: http://arts.guardian.co.uk/turnerpeoplespoll/story/0,,1073498,00.html

Although the picture is subject to copyright I (Kingboyk) feel and assert that it is covered by the U.S. fair use laws in the article "K Foundation art award" because:

• it is a low resolution picture of the winning artwork detailed in K Foundation art award;
• it does not limit the copyright owner's rights in any way;
• no free alternative has been identified, and the piece of art has been demolished making it impossible to create a new free picture;
• it is low resolution and cannot be used to make illegal saleable copies.

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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