Image:Wiesel15(3).jpg

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Wiesel15(3).jpg‎ (281 × 373 pixels, file size: 43 KB, MIME type: image/jpeg)

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 "Night (book" :

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.

Description: Elie Wiesel, aged 15, taken in 1943-44.

Source: Chicago Public Library [2]

I have tried very hard to get a response from Elie Wiesel about whether we can use this with a free licence, but with no luck so far. I have e-mailed publicists, secretaries, agents, his foundation, and I can't make any of them even understand the question. So I am claiming fair use. I'm fairly sure that they have no objection (hence their puzzlement at being asked). It is a widely available image and has no commercial value. SlimVirgin ^{(talk)(contribs)} 21:53, 14 February 2008 (UTC)

[edit] Rationale for use in Night (book)

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

It is a historically significant image of Elie Wiesel as he looked when taken to Auschwitz-Birkenau.
It is being used for informational purposes in an article about a book he wrote about that experience.
There is no free equivalent that anyone has been able to find.
It is a widely available image, almost iconic.
It has no commercial value.
We have no reason to believe the copyright holder would mind.
It is probably of lower resolution than the original.