Image:Daveygraham-louiskillen.jpg

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This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the article "[[Davey Graham]]" : To illustrate the subject in question Where no free equivalent is available or could be created that would adequately give the same information On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation ([1]), qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights. To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

In addition to the fair-use assertion shown on this page, the copyright holder has granted permission for this image to be used in Wikipedia. This permission does not extend to third parties. This tag must be used in conjunction with another fair-use image tag. If no other tag is present on this page, and this image was uploaded after May 19, 2005, please speedily delete this image or tag it with {{db-i3}}.

[edit] Fair use rationale

1. No free equivalent image of Graham performing has been located. I (Bluewave 10:28, 25 January 2007 (UTC)) have contacted his agency and other websites that include images of Graham but have not been able to find a fully free licence image.
2. The use of the picture is of low resolution and does not undermine the ability of the copyright holder to make money from their work.
3. The image is of the lowest resolution needed to serve the purpose adequately.
4. The material has been previously published (eg here)
5. The image contributes significantly to the article, identifying Davy Graham at the height of his notability
6. The image is used with the permission of the copyright holder, Alison Chapman McLean, on condition that she is credited

[edit] Details of permission given

The following is the email exchange in which permission to use the image was given:

Date:    Mon, 22 Jan 2007 09:34:30 +0000 (GMT)
From:   Bluewave's email address removed to protect privacy
Subject: Troubador photos on the Richard and Mimi site
To:     Alison Chapman McLean's email address removed to protect privacy

Hi Alison

I was given your address by Douglas Cooke, who runs
the Richard and Mimi website (see below). I am aiming
to improve the article on Davy Graham in Wikipedia,
the free online encyclopaedia (see www.wikipedia.org)
and I am trying to track down a "free" photograph of
Davy Graham to add to the article. I noticed that you
had a really good picture of him playing at the
Troubadour and wondered if there was any chance that
you would give a free "licence" for the use of that
picture (Wikipedia enforces copyright rigorously!)

Can you help please?

Many thanks

Steve

---------------
From:   Alison Chapman McLean's email address removed to protect privacy
Date:   Mon, 22 Jan 2007 12:39:32 EST
Subject: Re: Troubador photos on the Richard and Mimi site
To:     Bluewave's email address removed to protect privacy
Hi Steve,
Yes you can use it for free as long as credits are given: Copyright Alison Chapman McLean. 
Can you get the photo' off the web page or shall I rescan it?
Regards,
Alison

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