File:James Brown and Flames.jpg

Summary

James Brown and the Famous Flames at the Apollo Theater in 1964; photo by Don Paulsen/Michael Ochs Archives/Corbis.

Fair Use

Rationale for fair use for James Brown

1. This image is used for the purposes of criticism and comment on the musician James Brown.
2. According to section 107 of the United States Copyright Act of 1976: "The fair use of a copyrighted work...for purposes such as criticism, comment,...scholarship...is not an infringement of copyright."  [1]
3. The image is of considerably lower resolution than the original, and it is used for non-profit purposes. These two factors are noted as relevant by the Act.
4. No free equivalent is available or could be created that would adequately give the same information in a historical context.
5. The image does not limit the copyright owners' rights to promote the recording artists or their work in any way.
6. The image's inclusion in the article is important because it is the subject of and is discussed in the text.
7. The image is being used for informational purposes only.
8. The material has previously been published in numerous sources, with higher resolution images available elsewhere.

Licensing

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