File:Upper Big Branch Mine disaster Memorial by Steven Rotsch.jpg

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Summary

Media data and Non-free use rationale

Description

Photo of Upper Big Branch Mine disaster Memorial by Steven Rotsch

Author or
copyright owner

Original work: designed by Rob Dinsmore of the Chapman Technical Group and built by Pray Construction

Depiction: Steven Rotsch

Source (WP:NFCC#4)

small 320 size of https://www.flickr.com/photos/governortomblin/7659008962/

Date of publication

Original work: 2012

Depiction: July 27, 2012

Use in article (WP:NFCC#7)

Upper Big Branch Mine disaster

Purpose of use in article (WP:NFCC#8)

To support encyclopedic discussion of this work in this article. The illustration is specifically needed to support the following point(s):

Memorial and memorial service section

Not replaceable with
free media because (WP:NFCC#1)

Any derivative work based upon the artwork would be a copyright violation, so creation of a free image is not possible.

Minimal use (WP:NFCC#3)

320 × 213 (68,160) pixels

Respect for
commercial opportunities (WP:NFCC#2)

The use of a low resolution image of the artwork will not impact the commercial viability of the art.

Other information

The author of the image has released the photographic work under a free license, or it is in the public domain: https://creativecommons.org/licenses/by-nd/2.0/

Aside from the claim that this file qualifies for use without permission under fair use, this file is also available under a license that permits unrestricted redistribution in unaltered form but forbids derivative works. Files licensed under such terms do not meet the definition of Free Cultural Works as adopted by the Wikimedia Foundation, and are therefore considered non-free on Wikipedia and may only be used under Wikipedia's non-free content policy.
This tag must only be used with a non-free license tag and a valid fair use rationale as required by policy.

Fair useFair use of copyrighted material in the context of Upper Big Branch Mine disaster//en.wikipedia.org/wiki/File:Upper_Big_Branch_Mine_disaster_Memorial_by_Steven_Rotsch.jpgtrue

Licensing

This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) whoever holds copyright of the original has the exclusive right to authorize derivative works.

Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright.

It is believed that the use of a picture

to illustrate the three-dimensional work of art in question,
to discuss the artistic genre or technique of the work of art
or to discuss the artist or the school to which the artist belongs

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, might be copyright infringement.
Fair use

File history

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	Date/Time	Thumbnail	Dimensions	User	Comment
current	13:26, 9 April 2022		320 × 213 (35 KB)	Jeff G. (talk \| contribs)	Uploading a depiction of a non-free 3D artwork using File Upload Wizard

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File usage

The following page uses this file:

Upper Big Branch Mine disaster

Metadata

This file contains additional information, probably added from the digital camera or scanner used to create or digitize it.

If the file has been modified from its original state, some details may not fully reflect the modified file.

Copyright holder	STEVEN ROTSCH
IIM version	4