Image:SMALL RHYTHMICON.JPG

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SMALL_RHYTHMICON.JPG‎ (100 × 154 pixels, file size: 4 KB, MIME type: image/jpeg)

[edit] Summary

Description: Low-resolution reproduction of photograph of one of the two original Rhythmicons, invented primarily by Henry Cowell (with Leon Theremin); image, dating from 1930s, used widely in European sources and apparently a promotional photo and/or in public domain
Photographer/rights holder (if any): Research has not been able to identify the photographer or any rights claimant
Source: Obsolete.com/120 Years Of Electronic Music (note that this source misidentifies the person in another photograph of the Rhythmicon as Henry Cowell; in fact, it is Joseph Schillinger)

[edit] Fair use in Henry Cowell

Though subject to copyright, the image linked here is claimed by Wikipedia editor DCGeist to be used under fair use as:

1. it is a photograph of a historically significant instrument;
2. it is of much lower resolution than the original (copies made from it will be of very inferior quality);
3. the photo is being used only for informational purposes;
4. there exist only two unique iterations of the object, neither publicly available, thus no free equivalent for the image is available or could be created that would adequately illustrate the device;
5. its inclusion in Henry Cowell adds significantly to the article because it illustrates the historically significant device conceived by Cowell and is the only publicly available photograph that focuses solely on the device and not a person other than Cowell.

[edit] Licensing

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 "Henry Cowell" : 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.

This media was proposed for deletion as a replaceable non-free content. The result was to Keep the image, as no adequate free-licensed image exists or can be created to fulfill the limited role performed by this image at the time deletion was considered. However, this image may be replaceable by free images in other contexts, and in such cases the free image must take precedence. A discussion of this decision may exist on the image talk page.

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