File:Workhorse 1998 Will Gill.jpg

Summary[edit]

Media data and Non-free use rationale

Description	Workhorse, 1998 by Will Gill 89" x 84" x 16" Spruce, maple, birch, bronze, rods, eyescrews Located at the Boreal Sculpture Garden, St. John's, Newfoundland
Author or copyright owner	Original work: Will Gill Depiction: Will Gill
Source (WP:NFCC#4)	http://ccca.concordia.ca/artists/image.html?languagePref=en&url=/c/images/big/g/gill/gil001.jpg&cright=&mkey=58269&link_id=
Date of publication	Original work: 1998
Use in article (WP:NFCC#7)	Will Gill (artist)
Purpose of use in article (WP:NFCC#8)	To support encyclopedic discussion of this work in this article. The illustration is specifically needed to support the following point(s): The image depicts a major early sculptural work of the artist.
Not replaceable with free media because (WP:NFCC#1)	n.a.
Minimal use (WP:NFCC#3)	This file will be displayed once, on the artist's page.
Respect for commercial opportunities (WP:NFCC#2)	n.a.
Other information	The image was created and published by the same author who also holds the rights to the original object, and no alternative depiction could be suitably created. Aside from the claim that this file qualifies for use without permission under fair use, this file is also available under a license that permits unrestricted redistribution in unaltered form but forbids derivative works. Files licensed under such terms do not meet the definition of Free Cultural Works as adopted by the Wikimedia Foundation, and are therefore considered non-free on Wikipedia and may only be used under Wikipedia's non-free content policy. This tag must only be used with a non-free license tag and a valid fair use rationale as required by policy.
Fair useFair use of copyrighted material in the context of Will Gill (artist)//en.wikipedia.org/wiki/File:Workhorse_1998_Will_Gill.jpgtrue

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:Workhorse_1998_Will_Gill.jpg true

Fair use in Will Gill (artist)[edit]

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

1. This is a historically significant work that could not be conveyed in words.
2. Inclusion is for information, education, and analysis only.
3. Its inclusion in the article(s) adds significantly to the article(s) because it shows a major type of work produced by the artist.
4. The image is a low resolution copy of the original work and would be unlikely to impact sales of prints or be usable as a desktop backdrop.
5. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.