File:The birthday party, summer 1981.jpg

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The_birthday_party,_summer_1981.jpg (322 × 310 pixels, file size: 74 KB, MIME type: image/jpeg)

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

This work is copyrighted (or assumed to be copyrighted) and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content § Images or Wikipedia:Non-free content § Audio clips, and it is not covered by a more specific non-free content license listed at Category:Wikipedia non-free file copyright templates. However, it is believed that the use of this work:

To illustrate the subject in question
Where no free equivalent is available or could be created that would adequately give the same information
On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights.
Fair use

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.
Template:Non-free use rationale may be helpful for stating the rationale.
This tag is not a sufficient claim of fair use.

To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.

File history

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	Date/Time	Thumbnail	Dimensions	User	Comment
current	00:04, 28 October 2024		322 × 310 (74 KB)	DatBot (talk \| contribs)	Reduce size of non-free image (BOT - disable)
	15:49, 27 October 2024	No thumbnail	450 × 433 (62 KB)	ValhaIl (talk \| contribs)	Uploading a piece of non-free cover art using File Upload Wizard

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File usage

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The Birthday Party (band)

Metadata

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Orientation	Normal