Summary
Cover by Roger Dean for the Yes album Drama, 1980.
- Source: Official Yes website.
Fair use rationale for Drama (Yes album)
- It is believed that the use of this image on the English-language Wikipedia to illustrate an article on the audio recording in question falls under the "Non-profit educational" clause of the Fair Use doctrine currently upheld by United States law. (17 U.S.C. § 107)
- The image is irreplaceable; a free analogue is impossible to produce as the original will be covered by copyright for the foreseeable future
- Owing to the limited web-resolution of the image, only a small portion of a copyrighted work is used
- For the same reasons, the portion of the copyrighted work used is of inherently lower quality than the original, reducing the risk of competitiveness and therefore the effects of this copy on the market for or value of versions held by the owner of the copyright
Licensing
| Description |
This is the front cover for the LP Drama by the artist Yes. The cover art copyright is believed to belong to Roger Dean. |
|---|---|
| Source |
May be found at the following website: http://www.nfte.org/yesworld/images/albums/Drama.jpg |
| Article | |
| Portion used |
Whole |
| Low resolution? |
The copy is of sufficient resolution for commentary and identification but lower resolution than the original cover. 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 |
Main infobox. The image is used for identification in the context of critical commentary of the work for which it serves as cover art. It makes a significant contribution to the user's understanding of the article, which could not practically be conveyed by words alone. The image is placed in the infobox at the top of the article discussing the work, to show the primary visual image associated with the work, and to help the user quickly identify the work and know they have found what they are looking for. Use for this purpose does not compete with the purposes of the original artwork, namely the artist's providing graphic design services to music concerns and in turn marketing music to the public. |
| Replaceable? |
As musical cover art, the image is not replaceable by free content; any other image that shows the packaging of the music would also be copyrighted, and any version that is not true to the original would be inadequate for identification or commentary. |
| Other information |
Use of the cover art in the article complies with Wikipedia non-free content policy and fair use under the copyright law of the United States as described above. |
| Fair useFair use of copyrighted material in the context of Drama (Yes album)//en.wikipedia.orgview_image.php?q=File:Yes_Drama.jpg&sq=File:Yes_Drama.jpg&lang=en&file=File:Yes_Drama.jpgtrue | |
Fair use in Drama (Yes album)
Though this image is subject to copyright, its use is covered by the U.S. fair use laws because
- It illustrates educational articles about the album from which the cover illustration was taken.
- The image is used as the primary means of visual identification of the article topic.
- The use of the cover will not affect the value of the original work or limit the copyright holder's rights or ability to distribute the original. In particular, copies of the image could not be used to make illegal copies of the album artwork on another CD.
- It is a low-resolution image.
- The image is only a small portion of the commercial product.
- It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.
Licensing
 | This image is of a cover of an audio recording, and the copyright for it is most likely owned by either the publisher of the work or the artist(s) which produced the recording or cover artwork in question. It is believed that the use of low-resolution images of such covers
qualifies as fair use under the copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information. |