File:Spoonbridge and Cherry, May 2008.jpg

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Summary[edit]

Media data and Non-free use rationale
Description	Spoonbridge and Cherry in the Minneapolis Sculpture Garden.
Author or copyright owner	Original work: Claes Oldenburg, Coosje van Bruggen Depiction: Wendy Berry
Source (WP:NFCC#4)	Flickr (archive)
Date of publication	Original work: 1988 Depiction: May 11, 2008
Use in article (WP:NFCC#7)	Spoonbridge and Cherry
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)	sculpture in question copyrighted for probably about another century.
Minimal use (WP:NFCC#3)	Low-res version of a CC-by-2.0 image of a copyrighted sculpture shows enough detail for article discussion but does not show in more detail than is needed. Image will be main infobox illustration.
Respect for commercial opportunities (WP:NFCC#2)	Small image does not replace ability of copyrightholders to market work.
Other information	The author of the image has released the photographic work under a free license, or it is in the public domain: Creative Commons Attribution 2.0
Fair useFair use of copyrighted material in the context of Spoonbridge and Cherry//en.wikipedia.org/wiki/File:Spoonbridge_and_Cherry,_May_2008.jpgtrue

Licensing[edit]

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 2.0 License.
Attribution: Wendy Berry

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

File history

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	Date/Time	Thumbnail	Dimensions	User	Comment
current	21:23, 12 April 2020		319 × 213 (22 KB)	Bobamnertiopsis (talk \| contribs)	Uploading a depiction of a non-free 3D artwork using File Upload Wizard

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File usage

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Spoonbridge and Cherry

Metadata

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IIM version	4