File:Phobia-Breaking Benjamin album.jpg

Summary[edit]

Breaking Benjamin - "Phobia" album art

Licensing[edit]

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 solely to illustrate the audio recording in question, on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation, 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. Fair use //en.wikipedia.org/wiki/File:Phobia-Breaking_Benjamin_album.jpg true

To the uploader: Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information. For example non-free use rationales, see Wikipedia:Use rationale examples. This tag should only be used for covers of audio recording releases. Either of the following may be helpful for stating the rationale: Template:Album rationale or Template:Non-free use rationale album cover. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.

Fair use in Phobia (Breaking Benjamin album)[edit]

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. It's a low resolution copy of a CD/album cover.
2. It doesn't limit the copyright owner's rights to sell the CD/album in any way, in fact, it may encourage sales.
3. Because of the low resolution, copies could not be used to make illegal copies of the album artwork on another CD.
4. The image is itself a subject of discussion in the article or used in the infobox thereof.
5. The image on the cover is significant because it was made by a famous artist.

Source[edit]

1. http://ec3.images-amazon.com/images/P/B000G6BL7E.01._SS500_SCLZZZZZZZ_V64996757_.jpg
2. Derived from a digital capture (scan/photo) of the album/CD cover (creator of this digital version is irrelevant as the copyright in all equivalent images is still held by the same party). Copyright held by the record company or the artist. Claimed as fair use regardless.