File:AFavoriteSong.jpg

Fair Use Rationale for Fluxus 1[edit]

1. The image is of part of a work of art, made the fluxus collective, and assembled and edited by George Maciunas.
2. Work by the group was unsigned, and was produced cheaply, intended for wide dissemination.
3. Despite this, the works are very rare, usually obscure, and hard to track down for viewing. The example downloaded is in the Archiv Sohm, Stuttgart.
4. It is accepted in US copyright that articles on historically important artists, such as Maciunas, should be illustrated with key works. This is one such key work, central to an understanding of Fluxus, and of Maciunas' role within it. It is also one of the most innovative and revolutionary pieces by the group, and deserves to be better known, rather than kept under wraps in an archive. This is part of a series of articles I am contributing to about Fluxus in an attempt to widen understanding and interest in a much discussed but widely misunderstood and obscured movement.
5. There is no alternative, public domain or free-copyrighted replacement available.
6. Inclusion is for information, education and analysis only.
7. Its inclusion in the article(s) adds significantly to the article(s) because it shows the subject, or the work of the subject, of the article(s).
8. The image is a low resolution copy of the original work of such low quality that it would be unlikely to impact sales of the work.
9. Probably ultimately © Estate of George Maciunas, although the work itself is by Joe Jones

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:AFavoriteSong.jpg true