File:Forever Marilyn in Palm Springs.jpg

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Forever_Marilyn_in_Palm_Springs.jpg (320 × 304 pixels, file size: 32 KB, MIME type: image/jpeg)

Summary

Media data and Non-free use rationale
Description	Seward Johnson's sculpture, Forever Marilyn, on display in front of the Palm Springs Art Museum.
Author or copyright owner	Original work: Seward Johnson Depiction: APK
Source (WP:NFCC#4)	Self
Date of publication	Original work: 2011 Depiction: September 30, 2021
Use in article (WP:NFCC#7)	Forever Marilyn
Purpose of use in article (WP:NFCC#8)	For visual identification of the object of the article. The article as a whole is dedicated specifically to a discussion of this work.
Not replaceable with free media because (WP:NFCC#1)	Any derivative work based upon the artwork would be a copyright violation, so creation of a free image is not possible.
Minimal use (WP:NFCC#3)	To identify the sculpture in question and any other image of the sculpture would be equally derivative.
Respect for commercial opportunities (WP:NFCC#2)	The use of a low resolution image of the artwork will not impact the commercial viability of the art.
Other information	The author of the image has released the photographic work under a free license, or it is in the public domain:
Fair useFair use of copyrighted material in the context of Forever Marilyn//en.wikipedia.org/wiki/File:Forever_Marilyn_in_Palm_Springs.jpgtrue

Licensing

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:

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 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.

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

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.

To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.

File history

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	Date/Time	Thumbnail	Dimensions	User	Comment
current	04:26, 4 March 2022		320 × 304 (32 KB)	APK (talk \| contribs)	Uploading a depiction of a non-free 3D artwork using File Upload Wizard

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File usage

The following page uses this file:

Forever Marilyn

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.

Author	J H
Date and time of data generation	23:17, 3 March 2022
Date and time of digitizing	23:17, 3 March 2022
DateTimeOriginal subseconds	28
DateTimeDigitized subseconds	28