File:Mastercuerpoflat sm99.jpg

Summary edit

Low-res image of Telemundo promotional poster for "El cuerpo del deseo."

Licensing edit

This image is of a poster, and the copyright for it is most likely owned by either the publisher or the creator of the work depicted. It is believed that the use of scaled-down, low-resolution images of posters to provide critical commentary on the film, event, etc. in question or of the poster itself, not solely for illustration 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.

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. This tag should only be used for posters. Try using Template:Non-free use rationale poster to state the rationale. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template. Fair use true

Fair use in El cuerpo del deseo edit

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

1. It is a low resolution copy of Telemundo title card.
2. It does not limit the copyright owner's rights to sell the TV series or said image.
3. The image is significant for the article as it shows visual from canceled series.
4. The image is irreplaceable as series is out of production; the image is unrepeatable.
5. No free or public domain images have been located of this person or from this series.
6. Image is a promotional photograph, intended for wide distribution as publicity for the network.
7. Subjects is a performer from a non-English-speaking region, which makes acquisition of a free image difficult or impossible.
8. Such photos are distributed for reuse by the media with implicit license for their use in discussing the subject that is being promoted.
9. Image is of considerably lower resolution than the original, and is used for informational purposes only. Its use does not detract from either the original photograph, or from the network itself.
10. Image is used solely for the identification of the subject.
11. The further use of this image on Wikipedia is not believed to disadvantage the copyright holder in any way.

This was specifically created to promote an upcoming TV series. Industry standard is that such images may be used for commercial purposes in illustration. This is an image that is useful and has no available free substitute. Fair use images can be distributed freely.

This photograph is properly used in accordance with current Wikipedia poliicies and guidelines. Some users, citing poorly worded and contradictory policies, believe all promotional photographs should be deleted, whether or not they can be replaced with equivalent "free" photographs. I do not. I do not believe in doing original work for Wikipedia (as stated in the five pillars). I believe promotional photos are properly used under our strict fair use guidelines, and when "free" photographs become available --however unlikely, given the publicity rights isues involved -- they then can be uploaded as replacements.Yakuman (数え役満) 11:29, 22 April 2007 (UTC)