File:Hirst-Love-Of-God.jpg

Summary[edit]

For the Love of God, sculpture by Damien Hirst, platinum cast of a human skull covered with 8,601 diamonds.

Copyright of photo not stated, but copyright of the artwork is that of Damien Hirst. However, if using this image, the copyright is owned firstly by the 'photographer', and thus any permission would be initially requested from the photographer, as one would be reproducing the 'photograph' of the skull and not the skull itself.

Retrieved from Daily Telegraph, 15 September 2007.

Fair use in Damien Hirst[edit]

This image has been widely reproduced worldwide in the media and has achieved widespread recognition, as being that of a unique artwork. This low resolution image is credited as a piece of artistic work is used in Damien Hirst, an article about the artist and his work, which includes this work. It is considered that the image adds significant value to the article, beyond merely the textual description and that it is necessary for a proper understanding of the artist and his work to be able to see this example of work. It is considered that this will not cause commercial harm to the original author. It is believed that this is fair use and does not infringe copyright. There is no known free alternative available and it is not possible to make a free alternative.

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.

Fair use in For the Love of God (artwork)[edit]

This image has been widely reproduced worldwide in the media and has achieved widespread recognition, as being that of a unique artwork. This low resolution image is credited as a piece of artistic work is used in For the Love of God (artwork), an article about this work. It is considered that the image adds significant value to the article, beyond merely the textual description and that it is necessary for a proper understanding of the artist and his work to be able to see this example of work. It is considered that this will not cause commercial harm to the original author. It is believed that this is fair use and does not infringe copyright. There is no known free alternative available and it is not possible to make a free alternative.

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.[2]

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

Licensing[edit]

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:Hirst-Love-Of-God.jpg true

Note: The above copyright guidance for the skull photograph mainly refers to 'US law' which will not apply in the UK, where copyright laws differ slightly.