File:RoscoeBorn.jpg

Non-free media data
Description	Promotional image of Roscoe Born as Tom Fisher on The Young and the Restless.
Source	Uploaded by Kogsquinge on 21 March 2007.
Portion used	Single image
Low resolution?	Yes

Non-free media rationale for Tom Fisher (The Young and the Restless)
Article	Tom Fisher (The Young and the Restless)
Purpose of use	Primary means of identifying a particular representation of a fictional character in the article about that character.
Replaceable?	Copyrighted characters and series; by nature, no free version exists.

Promotional photo of Roscoe Born as Tom Fisher. Source: http://wwwimage.cbs.com/daytime/yr/star_images/actors/dt_yr_act_large_rborn.jpg

This is a copyrighted image that has been released by a company or organization to promote their work or product in the media, such as advertising material or a promotional photo in a press kit.

The copyright for it is most likely owned by the company who created the promotional item or the artist who produced the item in question; you must provide evidence of such ownership. Lack of such evidence is grounds for deletion.

It is believed that the use of some images of promotional material to illustrate:

the person(s), product, event, or subject in question;
where the image is unrepeatable, i.e. a free image could not be created to replace it;
on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation;

qualifies as fair use under Copyright law of the United States. Any other usage of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Publicity photos.

Additionally, the copyright holder may have granted permission for use in works such as Wikipedia. However, if they have, this permission likely does not fall under a free license.

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Please note that our policy usually considers fair use images of living people that merely show what they look like to be replaceable by free-licensed images and unsuitable for the project. If this is not the case for this image, a rationale must be provided proving that the image provides information beyond simple identification or showing that this image is difficult to replace by a free-licensed equivalent. Commercial third-party reusers of this image should consider whether their use is in violation of the subject's publicity rights.

Fair use

Fair use for Tom Fisher (The Young and the Restless)

Kogsquinge asserts that the limited use of this copyrighted image in Wikipedia articles directly pertaining to it is a fair use of the image, for the following reasons:

It depicts a fictional subject (such as a character) that is copyrighted. It would be impossible to create a replacement image which would not be subject to the original author's copyright.
The image is only used to illustrate the fictional subject, and not to illustrate a non-fictional but related subject (such as the actor or illustrator).
The image substantially improves the article it is in.
The image is no larger, and of no higher quality, than required for its use in articles.
It is used in Wikipedia only for educational purposes and is not used for profit.
Its use on Wikipedia does not compete with the copyright holder.
Its use on Wikipedia is not expected to decrease the value of the copyright to its holder.

File:RoscoeBorn.jpg

Fair use for Tom Fisher (The Young and the Restless)

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