| Description |
Publicity photograph of the band |
|---|---|
| Source |
www.cicadelic.com/ |
| Article | |
| Portion used |
Entire photograph |
| Low resolution? |
As uploaded from the Cicadelic website among a group of publicity photos of bands that are offered on their CDs |
| Purpose of use |
The article is on this band, so this is the best illustration. |
| Replaceable? |
No, the band has broken up |
| Other information |
Copyright Cicadelic Records & Music, reissue producer of the Human Expression recordings. |
| Fair useFair use of copyrighted material in the context of the Human Expression//en.wikipedia.org/wiki/File:Human_Expression.jpgtrue | |
Fair use for the Human Expression
[edit]This image, Human Expression.jpg, is being linked here; though the picture is subject to copyright, I, (Shocking Blue•talk) feel it is covered by the U. S. fair use laws because:
- It is a low resolution copy of the publicity photograph;
- It is used for educational and informational purposes only;
- The image adds significantly to the article because it shows the bandmembers;
- The image was utilized as the basis for the cover of two different CDs collecting the recordings of this band; and,
- It is featured prominently on several websites by individuals (or companies) seeking to sell or resell the album or to describe their record collection, or who otherwise wish to express their interest in the music contained on this album.
Summary
[edit]Publicity photo of the band to illustrate the article.
Licensing
[edit]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 Copyright law of the United States. 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 must 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.