Image:Thekooks.jpg

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[edit] Fair use rationale

Non-free / fair use media rationale for The Kooks
Description	Photograph of The Kooks, from left to right: Hugh Harris, Peter, Luke Pritchard, and Paul Garred The copyright for it is most likely held by the person who took the image or the agency employing the person.
Source	Promotional pack
Article	The Kooks
Portion used	The entire image is needed to identify the subject, properly convey the meaning and branding intended, and avoid tarnishing or misrepresenting the image.
Low resolution?	The copy is of sufficient resolution for commentary and identification but lower resolution than the original image. Copies made from it will be of inferior quality, unsuitable as artwork on pirate versions or other uses that would compete with the commercial purpose of the original artwork.
Purpose of use	Identification and critical commentary in The Kooks article, a subject of public interest. The image confirms to readers they have reached the correct article, and illustrates the intended branding message.
Replaceable?	No free alternative could be created to illustrate the topic in question
Other information	Use of the promotional photograph in the article complies with Wikipedia non-free content policy and fair use under United States copyright law as described above. The image meets general Wikipedia content requirements and is encyclopaedic.

[edit] Licensing

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.