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

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Summary

Description

Sex magazines - pornographic magazines

Source

self-made SOURCE: www-2.net/y23.stock.pictures/20080602-upper-hutt-posse/n20080428_n20050306_015806.html

Date

28Apr08

Author

Y23 (talk)

Permission
(Reusing this image)

See below.

Licensing:

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:
You may select the license of your choice.

File history

Click on a date/time to view the file as it appeared at that time.

Date/TimeThumbnailDimensionsUserComment
current23:05, 4 May 2008Thumbnail for version as of 23:05, 4 May 20081,234×925 (171 KB)Y23 (talk | contribs) ({{Information |Description=Sex magazines - pornographic magazines |Source=self-made |Date=28Apr08 |Author=~~~ |other_versions= }})

The following pages on the English Wikipedia link to this file (pages on other projects are not listed):