File:Weathered condition of Digital DNA as it appeared in public in 2017.jpg

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Weathered_condition_of_Digital_DNA_as_it_appeared_in_public_in_2017.jpg ‎(270 × 368 pixels, file size: 31 KB, MIME type: image/jpeg)

Summary[edit]

Media data and Non-free use rationale
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: Alt.Art-Sci: We Need New Ways of Linking Arts and Sciences (National Endowment for the Arts) Palo Alto: Removal of 'Digital DNA' sculpture may lead to court (The Mercury News) Artist Fights to Stop Palo Alto Egg Sculpture's Removal (KQED) How and Oversight in Public Arts Policy Caused a Kerfuffle in Palo Alto (Hyperallergic) Fixes planned for Palo Alto's iconic egg sculpture (Palo Alto Online) Digital DNA (Roy Prasad on Flickr)
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]

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If this image is of an artwork on display in a public location in a jurisdiction that permits freedom of panorama (such as the UK), 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.

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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

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.
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File history

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	Date/Time	Thumbnail	Dimensions	User	Comment
current	00:31, 7 December 2017		270 × 368 (31 KB)	DatBot (talk \| contribs)	Reduce size of non-free image (BOT - disable)
	02:49, 6 December 2017	No thumbnail	3,462 × 4,730 (2.4 MB)	Comfr (talk \| contribs)	Uploading a depiction of a non-free 3D artwork using File Upload Wizard

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File usage

The following pages on the English Wikipedia use this file (pages on other projects are not listed):

Digital DNA

Metadata

This file contains additional information, probably added from the digital camera or scanner used to create or digitize it.

If the file has been modified from its original state, some details may not fully reflect the modified file.

Short title	DigitalDNA
IIM version	2
Special instructions	WTbkSeioQ9eM0IVg2lSkGw
Date and time of digitizing	05:24, 4 December 2017