MLK_Memorial_NPS_photo.jpg (257 × 386 pixels, file size: 18 KB, MIME type: image/jpeg)
Summary
| Description | Photo of the Martin Luther King Jr Memorial in Washington DC. Taken from the National Park Service website, and identified there as a NPS photo. |
|---|---|
| Author or copyright owner |
Original work: The photo is created by an employee of the U.S. govt (Natl Park Service) as part of his official duties. However, the sculptor holds the copyright for the actual sculpture that is part of the NPS memorial. Depiction: Photo is created by employee of U.S. Govt (National Park Service) - but image copyright is owned by sculptor. However I believe this is fair use as a 2-dimensional reproduction of a 3-D sculpture, for use in an article that explicitly describes controversy over depiction of MLK in terms of whether or not it is "overly stern," and whether or not the use of white granite is appropriate for a sculpture of a black man. |
| Source (WP:NFCC#4) | http://www.nps.gov/mlkm/images/DSC_0288.jpg |
| Date of publication | Original work: Uploaded to wipedia August 2, 2012. Depiction: Uploaded from NPS website August 2, 2012 |
| Use in article (WP:NFCC#7) | Martin Luther King, Jr. Memorial |
| Purpose of use in article (WP:NFCC#8) | To support encyclopedic discussion of this work in this article. The illustration is specifically needed to support the following point(s): There is controversy over the way MLK is depicted in this sculpture, as to whether he appears "overly stern," and the use of white granite to depict the image of a black man. This image helps readers understand these controversies discussed in the article. |
| Not replaceable with free media because (WP:NFCC#1) |
Not easily replaceable because sculptor owns copyright regardless of photographer who takes the photo, and therefore it is believed no "free image" is available. |
| Minimal use (WP:NFCC#3) | Although multiple images of this sculpture are available on the NPS website (and other govt websites, including that of the White House), only this one has been used in this article to support the discussions of it (and the controversies associated with its depiction of its subject, MLK Jr) for this article. |
| Respect for commercial opportunities (WP:NFCC#2) |
It is believed that the use of this image in an article that names the sculptor will help strengthen his reputation and therefore help him in terms of future commercial success rather than hurt him in any way. |
| Other information | The image was created and published by an official employee of the U.S. Govt (National Park Service) in the official performance of his duties, and posted on an official U.S. govt website for the NPS, which would normally put the photograph in the realm of public domain. However, because it depicts a sculpture the copyright remains the possession of the sculptor. Because of this copyright situation, no alternative depiction could be suitably created. This use of a 2D reproduction of a 3D sculptor might not be deemed fair-use in all countries, but I believe it meets the criteria for the English Wikipedia in terms of U.S. copyright laws. |
| Fair useFair use of copyrighted material in the context of Martin Luther King, Jr. Memorial//en.wikipedia.org/wiki/File:MLK_Memorial_NPS_photo.jpgtrue | |
Licensing
 | This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) whoever holds copyright of the original has the exclusive right to authorize derivative works. Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright. It is believed that the use of a picture
qualifies as fair use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, might be copyright infringement. |
File history
Click on a date/time to view the file as it appeared at that time.
| Date/Time | Thumbnail | Dimensions | User | Comment | |
|---|---|---|---|---|---|
| current | 03:00, 5 July 2017 | | 257 × 386 (18 KB) | DatBot (talk | contribs) | Reduce size of non-free image (BOT - disable) |
| 21:36, 3 September 2012 | No thumbnail | 398 × 599 (48 KB) | NearTheZoo (talk | contribs) | Uploading a smaller resolution image for non-free fair use. |
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This page was last edited on 15 September 2017, at 17:49