File:Sex-magazines--www.y23.com--n20080428 n20050306 015806.JPG

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Summary

Licensing:

This work is 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. However, it is believed that the use of this work in the articles "Pornographic magazine" and "Pornography": 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 ([1]), 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. To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

Fair use rationale

Image has covers of magazines. It does not have content of those magazines. It has been long held Wikipedia policy that like album covers, magazine covers may be used within fair use, if used appropriately (for the purpose of comment or criticism.) Here is a list of magazine covers on Wikipedia[2]

Additionally, the rationale for this follows:

"Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances." U.S. Copyright Office

I assert that this image is for the purpose of commentary, criticism, and scholarly use within the Encyclopedia called Wikipedia. Wikipedia is considered to be a scholarly pursuit. The commentary and criticism is on the genre of magazine that each of these magazines is within, and may also be commentary or criticism about the content of any one of these magazines, their genre, and the content within in regards to the genre.

Consider that the image is of one page of a magazine, the cover page only, and contains none of the content within the magazine. The purpose of the cover is to advertise the magazine and its content. Display of the magazine cover alone in the context of Wikipedia, for the purpose of comment and criticism on the genre of the magazine, Pornography, does not impair the market for the original work, and may possibly even stimulate the market, or have no impact on the marketing of that specific magazine.

Using the criteria of the U.S. Copyright office, my four factor analysis of this use follows:

1) Purpose and character of the use:

• • "Statutory uses, criticism, comment, and/or news reporting"
  • Non-Commerial use, not for profit.

2) The nature of the copyrighted work

• • The copyrighted work is published, and is factual in nature. It is non-consumable.

3) Amount and substantiality of the portion used

• • Small excerpt, extract or clip.
  • only a small portion needed for favored purpose, not the entire work, nor the portion used as the "heart of the work".

4) Effect on the potential market for or value of the work

• • "Use stimulates market for original work, no impact on market"
  • "No licensing/permission mechanism in place"
  • Does not impair the market for the original work.

Based on these criteria, It is my opinion that use in this article within Wikipedia in the limited scope it has been used is within fair use of the U.S. copyright law.

Atom (talk) 16:21, 18 July 2008 (UTC)

I, the copyright holder of this work, hereby publish it under the following licenses: This work is licensed under the Creative Commons Attribution-ShareAlike 3.0 License. Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.2 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. You may select the license of your choice.

This file has been listed on Wikipedia:Possibly unfree files because the information on its source or copyright status is disputed. Please see this image's listing for discussion. If you don't want the file deleted, please provide explanatory information about the copyright status of this image. Please do not remove this notice while the question is being considered. Usage: {{puf|log=2009 December 27}} Create a PUF subsection for discussion: {{subst:puf2|image=Sex-magazines--www.y23.com--n20080428 n20050306 015806.JPG|reason=reason this image is non-free}} ~~~~ Notify the uploader with {{subst:Fdw-puf|Sex-magazines--www.y23.com--n20080428 n20050306 015806.JPG}} ~~~~. If you are tagging several files uploaded by the same user, consider consolidating the notices into a courteous and appropriate message. Add the following to the file's caption(s): {{Pufc|1=Sex-magazines--www.y23.com--n20080428 n20050306 015806.JPG|log=2009 December 27}} Note: If the only problem with this file is that a claimed release into the public domain or under a free license is not backed up with a statement on the source website or an email to OTRS, please replace this tag with {{subst:npd}}.

File history

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	Date/Time	Thumbnail	Dimensions	User	Comment
current	23:05, 4 May 2008		1,234×925 (171 KB)	Y23 (talk | contribs)	({{Information |Description=Sex magazines - pornographic magazines |Source=self-made |Date=28Apr08 |Author=~~~ |other_versions= }})

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