File:Brancusi-Blind.jpg

Sculpture for the Blind by Constantin Brancusi, c. 1920, veined marble.

Philadelphia Museum of Art, The Louise and Walter Arensberg Collection, 1950.

Retrieved from artnet.com, 22 December 2007.

Copyright holder not specified.

Fair use rationale[edit]

This low resolution image is used in J.B. Manson, a former Director of the Tate gallery. It is of a sculpture that was the occasion of considerable public controversy, when it was pronounced by Manson to be "not art". It is considered that it aids greatly the comprehension of this controversy and the sculpture's artistic worth to be able to see an image of the sculpture. It is considered that this will not cause commercial harm to the original author or the photographer. It is believed that this is fair use and does not infringe copyright. There is no known free alternative available.

According to section 107 of the United States Copyright Act of 1976 :

The fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.[1]

The image is used for non-profit purposes. This factor is noted as relevant by the Act.

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:Brancusi-Blind.jpg true