File:DeanDrive.jpg

Summary[edit]

The image linked here is lawfully applied to the Wikipedia Dean drive article with permission AND under fair use provisions of U.S. copyright law. Its inclusion in the article adds significantly to the piece because it shows the subject under discussion in the article and the associated discussion page.

Furthermore, Dean is a person of some historical note and interest in connection with his device. Such circumstances are typically a factor in any test of fair use. Moreover, permission for use in the article from the Dean family adds another dimension to the use of the image in the article that cannot be ignored.

The above image was anonymously contributed offline for use in the Wikipedia article under fair use provisions of U.S. Copyright law. Investigation of the picture indicated that it was likely one of several in the Dean family archive. Contact was made with the Dean family and permission was secured to use this image in the Wikipedia Dean Drive article.

Dean Drive (Dean family website) - http://www.deanspacedrive.org/

The appearance of this image under the fair use provisions of U.S. copyright law in the associated Wikipedia article is not a blanket grant of fair use. Fair use of the image must be justified in each occurrence under the fair use doctrine of U.S. copyright law.

Neither is permission for use of the image from the Dean family a grant limiting use only to Wikipedia. If other users obtain permission for use, can justify fair use of the image or can show the image is in the public domain, they too can apply the material.

The image itself may well be in the public domain already. Permission to use the image in the article was obtained from the Dean family and fair use was cited ONLY AS A PRECAUTION because it is nearly impossible to truly determine the copyright status of the image since it has been circulating for some time.

It is likewise impossible for any image of this type to meet the requirements of the GNU Free Documentation License because, as far as can be determined, there are essentially no free copies of this subject matter anywhere. Further no free image, even if available, can be guaranteed to actually be free because the material was at one time all in private hands and created during a period of publicity of Dean, who is now a historical figure.

Refusal to allow an image that meets the tests of fair use deprives the public of access to the very information the fair use doctrine was intended to allow. Such censorship is both an overreaction to copyright concerns and incompatible with the exchange of information in a democratic society where important historical and scientific material is allowed limited use in the public domain while at the same time protection is preserved for potential copyright holders.

Licensing[edit]

This image is a faithful digitisation of a unique historic image, and the copyright for it is most likely held by the person who created the image or the agency employing the person. It is believed that the use of this image may qualify as non-free use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information. Please remember that the non-free content criteria require that non-free images on Wikipedia must not "[be] used in a manner that is likely to replace the original market role of the original copyrighted media." Use of historic images from press agencies must only be of a transformative nature, when the image itself is the subject of commentary rather than the event it depicts (which is the original market role, and is not allowed per policy). Fair use //en.wikipedia.org/wiki/File:DeanDrive.jpg true

If this tag does not accurately describe this image, please replace it with an appropriate one. Fair use true