File:Weathered condition of Digital DNA as it appeared in public in 2017.jpg
Summary
[edit]| Description | A photograph of the weathered Digital DNA sculpture, which Palo Alto city staff want to remove from public display as of November 2017[1]. |
|---|---|
| Author or copyright owner |
Original work: Adriana Varella and Nilton Malz Photograph: Comfr |
| Source (WP:NFCC#4) | Photograph taken by Comfr |
| Date of publication | Original work: 2005 Photograph: December 4, 2017 |
| Use in article (WP:NFCC#7) | Digital DNA |
| Purpose of use in article (WP:NFCC#8) | For visual identification of the subject of the article. The article as a whole is dedicated specifically to a discussion of this work. The photo of the work also assists readers of the article in understanding and interpreting commentary about the work. |
| Not replaceable with free media because (WP:NFCC#1) |
The sculpture is located in the United States, which has no freedom of panorama copyright exception for publicly situated artistic works. An alternative image or photo in which the sculpture is not prominently included would not be effective for the purposes of facilitating identification and assisting article readers in understanding and interpreting commentary about the specific sculpture. |
| Minimal use (WP:NFCC#3) | Only one side of the 3D sculpture is shown. The photo is not exceptionally high resolution. In addition, the photo is used only in this one article which is specifically about the depicted sculpture. |
| Respect for commercial opportunities (WP:NFCC#2) |
The photo of the sculpture is used in this article for the purposes of facilitating identification of the work that is the subject of the article and for assisting article readers in interpreting and understanding commentary about the work. These uses are different from the original market purposes wherein photos of the sculpture would be used for decoration. A low resolution photo of the sculpture should not replace the market for high resolution photos of the sculpture or for 3D replicas of the sculpture. |
| Other information | The author of the image has released the photographic work under a free license, or it is in the public domain: CC BY-SA 4.0 Photos of this sculpture appear in many publications discussing the controversy including:
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| Fair useFair use of copyrighted material in the context of Digital DNA//en.wikipedia.org/wiki/File:Weathered_condition_of_Digital_DNA_as_it_appeared_in_public_in_2017.jpgtrue | |
Licensing
[edit]This image is a derivative work of separately copyrighted work.
It is, therefore, treated on Wikipedia as non-free and each use within an article must satisfy the non-free content criteria.
Re-users of this content, in addition to needing a fair use or similar legal claim to use the depiction of the copyrighted work, must also respect the rights of the derivative author by complying with the following terms:

It is, therefore, treated on Wikipedia as non-free and each use within an article must satisfy the non-free content criteria.
Re-users of this content, in addition to needing a fair use or similar legal claim to use the depiction of the copyrighted work, must also respect the rights of the derivative author by complying with the following terms:
This work is licensed under the Creative Commons Attribution-ShareAlike 4.0 License.
If this image is of an artwork on display in a public location in a jurisdiction that permits freedom of panorama (such as Germany), then please remove {{Photo of art}} tag, placing the photographer's 'free' license in this section of the media description page
The original work shown is under the following license: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.
To the uploader:
- Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information.
- For example non-free use rationales, see Wikipedia:Use rationale examples.
- Template:Non-free use rationale may be helpful for stating the rationale.
|image has rationale=yes as a parameter to the license template.