File:Barnbrook DesignersStayAway.jpg

Artist decided to put 2D image on Billboard, and therefore context makes this a 3D piece of art:-

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 //en.wikipedia.org/wiki/File:Barnbrook_DesignersStayAway.jpg true

Artwork basically 2D without Billboard context:-

This image represents a two-dimensional work of art, such as a drawing, painting, print, or similar creation. The copyright for this image is likely owned by either the artist who created it, the individual who commissioned the work, or their legal heirs. It is believed that the use of low-resolution images of artworks: for purposes of critical commentary on: the specific work in question, the artistic genre or technique employed in the artwork, or the artistic school or tradition to which the artist is associated, as applied within the English-language Wikipedia, hosted on servers located in the United States by the non-profit Wikimedia Foundation, qualifies as fair use under United States copyright law. Any other use of this image, whether on Wikipedia or elsewhere, could potentially constitute a copyright infringement. For further information, please refer to Wikipedia's guidelines on non-free content. Fair use //en.wikipedia.org/wiki/File:Barnbrook_DesignersStayAway.jpg true

Non-Free Content justification as per Wikipedia:Non-free content edit

This image should be allowed under the criteria in the above article, quoted:-

Paintings and other works of visual art: For critical commentary, including images illustrative of a particular technique or school.

Fair Use Rationale for use in article Jonathan Barnbrook, justification as per Wikipedia:Non-free content criteria edit

1) There is no free equivalent available - the work of art in question was only a temporary installation and therefore it is not possible to take another picture of it. In any case, as 2D / 3D art the copyright for it is most likely owned by either the artist who produced the image, the person who commissioned the work, or the heirs thereof.

2&3) This is a low-resolution image and unsuitable for commercial purposes, thus unlikely to replace the original market role of the original copyrighted media.

4) This image has previously been published and uploaded at the above URL as part of the promotional material for an exhibition of the artist's work.

5) This image is representative of the work of the artist Jonathan Barnbrook and is relevant to the article in question particularly when used for critical commentary.

6) See image - no possibility of using without text in English as this makes up the body of the artwork.

7) Used only in article on Jonathan Barnbrook.

8) Image representative of the work of the artist, and understanding cannot be conveyed using text instead.

9) Used only on Jonathan Barnbrook main page

10a) http://www.designmuseum.org/__entry/71680?style=design_image_popup 10b) Licensing: Non-free 3D art / Non-free 2D art - see box above. 10c) See above.