File:The birthday party, summer 1981.jpg

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Summary

Media data and Non-free use rationale
Description Promotional photo of the rock group The Birthday Party, with all five members. From left to right: Tracy Pew, Phill Calvert, Mick Harvey, Rowland S. Howard and Nick Cave.
Author or
copyright owner		 Peter Milne
Source (WP:NFCC#4) https://www.discogs.com/artist/40247-Birthday-Party-The/image/SW1hZ2U6NzQ2MjIxMg==
Date of publication Summer 1981
Use in article (WP:NFCC#7) The Birthday Party (band)
Purpose of use in article (WP:NFCC#8) to serve as the primary means of visual identification at the top of the article dedicated to the work in question.
Not replaceable with
free media because (WP:NFCC#1)		 Any derivative work based upon the cover art would be a copyright violation, so creation of a free image is not possible.
Minimal use (WP:NFCC#3) Displayed once and in low resolution.
Respect for
commercial opportunities (WP:NFCC#2)		 The use of a low resolution image of a work's cover will not impact the commercial viability of the work.
Other information This image depicts all five members of the group. Its inclusion here is claimed as fair use because:
  • It illustrates an educational article about the group.
  • The image is used as the primary means of visual identification of the article topic.
  • It is a low resolution image.
  • It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.
  • Free use images of the group are rare and two of the members are deceased.
  • The use of the photo will not affect the value of the original work or limit the copyright holder's rights or ability to distribute the original.
  • The use of the photo is in good faith, and its inclusion enhances the quality of the article without reducing the commercial value of the photo.
Fair useFair use of copyrighted material in the context of The Birthday Party (band)//en.wikipedia.org/wiki/File:The_birthday_party,_summer_1981.jpgtrue

Licensing

Fair use
true