File:DBRaintown.jpg

Album cover scan

Re: challenge to fair use rationale:

1. It is a low-resolution copy of an album cover
2. Its use here does not limit the copyright owner's ability to market the album
3. It is being used for informational purposes only, not for profit
4. Its inclusion is the only possible way to illustrate the subject of the article

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

1. It illustrates educational articles about the album from which the cover illustration was taken.
2. The image is used as the primary means of visual identification of the article topic.
3. 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.
4. It is a low resolution image.
5. The image is only a small portion of the commercial product.
6. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.

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:DBRaintown.jpg true