File:Red Octopus 2.jpg

Summary
Image from fan-page at http://www1.odn.ne.jp/~cak38700/JS/RedOctopus.htm. Original copyright RCA.

Fair use in Red Octopus

 * 1) It's a low resolution copy of a CD/album cover.
 * 2) It doesn't limit the copyright owner's rights to sell the CD/album in any way, in fact, it may encourage sales.
 * 3) Because of the low resolution, copies could not be used to make illegal copies of the album artwork on another CD.
 * 4) The image is itself a subject of discussion in the article or used in the infobox thereof.
 * 5) The image on the cover is significant because it was made by a famous artist, Jefferson Starship.
 * 6) Derived from a digital capture (scan/photo) of the album/CD cover (creator of this digital version is irrelevant as the copyright in all equivalent images is still held by the same party). Copyright held by the record company or the artist. Claimed as fair use regardless.

This DOES hold up under the 10 criteria for non-free content:


 * 1) No free equivalent
 * 2) Respect for Commercial Opportunities -- it is the same image as used in vendor's sales catalogs and will encourage sales.
 * 3) Minimal use -- used only in the article on said album
 * 4) Published on a fan web-site which was referenced in the original upload
 * 5) Content is encyclopedic - references the album in the article
 * 6) Falls under fair-use - copyright RCA, image used by others to showcase album
 * 7) Used in one-article on said album
 * 8) Significant to the article itself -- it is the image of the subject being discussed in the article.
 * 9) Located only in the article itself
 * 10) Source of image and copyright noted