Image:Johnreed.jpg

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Johnreed.jpg‎ (425 × 419 pixels, file size: 24 KB, MIME type: image/jpeg)

[edit] Summary

The photo is from a 1973 album cover of The Mikado, showing Reed as Ko-Ko and Kenneth Sandford as Pooh Bah. The recording was published by the D'Oyly Carte Opera Company and has published many times since outside of Wikipedia, including on many internet sites. The recording is out-of-print, and the publisher has closed and is no longer a performing company.

• Ko-Ko was Reed's most famous role, and the album cover shows Reed in the costume and production in which he performed the role over 1,000 times. Therefore, the image is of historical significance in documenting Reed's performance in this role.
• Pooh-Bah was Sandford's most famous role, and the album cover shows Sandford in the costume and production in which he performed the role over 1,000 times. Therefore, the image is of historical significance in documenting Reed's performance in this role.
• No free image of Reed has been identified. The image contributes significantly to the article.
• The photograph is a low resolution copy of a CD album cover.
• Using the image does not limit the copyright owner's rights to sell the CD album in any way.

Considering the four factors to be balanced under the "fair use" doctrine of Section 107 of the U.S. Copyright Act:

1. Purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. The use is non-commercial and is intended merely for informational purposes, to identify the subject of the article. The theatre company that published the recording (the D'Oyly Carte Opera Company has closed and is no longer performing.

2. Nature of the copyrighted work. The copyrighted work is the cover of an out-of-print album from the 1960s and is a photograph that has been copied numerous times on the internet without objection by the owner(s).

3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole. The photograph is only one of a series of similar photographs of this 1960s production published by the D'Oyly Carte Opera Company.

4. Effect of the use upon the potential market for or value of the copyrighted work. There is no market for this photograph. The album is out of print, and the company that published the album is no longer performing.

[edit] Licensing

This image is of a cover of an audio recording, and the copyright for it is most likely owned by either the publisher of the album or the artist(s) which produced the recording or cover artwork in question. It is believed that the use of low-resolution images of such covers solely to illustrate the audio recording in question, on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation, 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 for more information. To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Non-free use rationale guideline, as well as the source of the work and copyright information. For an example fair use rationale, see here.

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