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Changed to reflect both the correct law and wikipedia policy
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| image = [[Image:Red_copyright.svg|52px|Copyrighted]]
| image = [[Image:Red_copyright.svg|52px|Copyrighted]]
| imageright =
| imageright =
| text = This image is a two-dimensional representation of a '''copyrighted building or architectural work'''. As such it is a derivative work of art, and per [http://www.copyright.gov/title17/92chap1.html#106 US Copyright Act of 1976, § 106(2)] who holds copyright of the original has the exclusive right to authorize derivative works. Although the United States have a form of ''[[freedom of panorama]]'' exemptions allowing for the lawful reproduction of buildings (commonly known as [[Freedom of panorama]]), the country this photograph was taken in either has no such exemption, or does not allow such reproductions to be used for commercial purposes.
| text = This image is a two-dimensional representation of a '''building or architectural work''' in a country in which the copyright law deems that such an image is a derivative work of art, and that who holds copyright of the original has exclusive rights over such derivative works. This is in contrast to the legal situation regarding [[Copyright in architecture in the United States]] (where Wikipedia's servers are located) where [http://www.copyright.gov/title17/92chap1.html#120 USC 17 § 120] states:


{{quote|(a) Pictorial Representations Permitted. — The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.}}
Per [http://www.copyright.gov/title17/92chap1.html#107 § 107] it is believed that reproduction for '''criticism, comment, teaching and scholarship''' constitutes '''[[fair use]]''' under US copyright law and is not an infringement, and there is currently no clear case law on the application of such restrictions and their application inside 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.<br />

Although this image can be freely copied in the United States, and countries with similar laws (generally referred to as [[Freedom of panorama]]), it can not be freely copied in the country in which it was made and is therefore not classified as [[free content]] under the [http://freedomdefined.org/Definition definition] used by the Wikimedia Foundation. In this case Wikipedia policy requires a [[fair use]] rationale for each use in exactly the same way as for an image which ''is'' copyright in the United States. See [[Wikipedia:Non-free content]] for more information.<br />


'''To the uploader''': please add a detailed ''fair use rationale'' for each use, as described on [[Wikipedia:Non-free use rationale guideline]], as well as the '''source''' of the work and copyright information. For an example fair use rationale, see [[Wikipedia:Use rationale examples|here]].<br>
'''To the uploader''': please add a detailed ''fair use rationale'' for each use, as described on [[Wikipedia:Non-free use rationale guideline]], as well as the '''source''' of the work and copyright information. For an example fair use rationale, see [[Wikipedia:Use rationale examples|here]].<br>

Revision as of 21:45, 2 March 2010

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