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File:Smoke the Donkey.jpg

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Smoke_the_Donkey.jpg (296 × 300 pixels, file size: 40 KB, MIME type: image/jpeg)

Summary

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Media data and Non-free use rationale
Description Photograph of Smoke the Donkey (d. 2012)
Author or
copyright owner 		John Folsom
Source (WP:NFCC#4) Marine Corps Times
Date of publication Unknown
Use in article (WP:NFCC#7) Smoke (donkey)
Purpose of use in article (WP:NFCC#8) For visual identification of the donkey in question.
Not replaceable with
free media because (WP:NFCC#1) 		The subject is deceased, and there are no freely-licensed alternatives available. Therefore the creation of a free image is impossible.
Minimal use (WP:NFCC#3) The low-resolution copy of the image is only used once to visually identify the subject.
Respect for
commercial opportunities (WP:NFCC#2) 		The use of a low-resolution image of the image will not impact the commercial viability of the image.
Other information The subject of the photograph has been deceased since 2012.

The file has been reduced in size and cropped.

  • The use of this image on Wikipedia is contended to be fair use, since it is used solely for educational purposes in a not-for-profit encyclopedia, is necessary for cultural and historical purposes, and the material value of the possible copyright is not believed to be lessened by its use here
  • It is believed that the use of this image on the English-language Wikipedia to illustrate an article on the person 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)
  • It is a low-resolution copy
  • It is only being used to illustrate the article in question
  • 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
  • It does not limit the copyright owner's rights to sell the image in any way
  • 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
Fair useFair use of copyrighted material in the context of Smoke (donkey)//en.wikipedia.org/wiki/File:Smoke_the_Donkey.jpgtrue

Licensing

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File history

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Date/TimeThumbnailDimensionsUserComment
current13:35, 6 November 2022Thumbnail for version as of 13:35, 6 November 2022296 × 300 (40 KB)Gobonobo (talk | contribs)==Summary== {{Non-free use rationale 2 | Description = Photograph of Smoke the Donkey (d. 2012) | Source = ''[https://www.marinecorpstimes.com/off-duty/movies-video-games/2016/07/03/smoke-the-donkey-new-book-recounts-tale-of-marine-s-battle-buddy/ Marine Corps Times]'' | Date = Unknown | Author = John Folsom | Article = Smoke (donkey) | Purpose = For visual identification of the donkey in question. | Replaceability = The subject...

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