File:The exploding hearts.jpg
Summary
| Description |
Photograph of The Exploding Hearts c. 2003 |
|---|---|
| Source |
http://www.portlandmercury.com/news/death_in_the_family/Content?oid=29450, Copyright: Chrystaei Branchaw |
| Article | |
| Portion used |
whole |
| 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 Exploding Hearts article, a subject of public interest. The image confirms to readers they have reached the correct article, and illustrates the group. |
| Replaceable? |
No free alternative could be created to illustrate the topic in question. Three of the band members are deceased, making it impossible for a free contemporary image that would convey the same information. |
| 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 name of the photographer appears as a caption underneath the photo at the link provided above, supporting the claim that it was used to promote the band. |
| Fair useFair use of copyrighted material in the context of The Exploding Hearts//en.wikipedia.org/wiki/File:The_exploding_hearts.jpgtrue | |
Licensing
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.
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