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the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. [9] Joseph Story wrote the opinion in Folsom v. Marsh.
This page provides some basic examples for how to write a fair use rationale. Good rationales might expand on why the non-free item is needed, why a free item cannot be used in its place, and what essential function it performs in each article in which it is to be used. Please modify the text so that it applies to the specific image and use of it.
Non-free use rationale guideline. When non-free media files (images, videos, and audio clips) are used on Wikipedia, a justification for their usage, called a non-free use rationale (or use rationale or fair use rationale), must be presented in the file description page, explaining how the file is used in a way consistent with Wikipedia's non ...
Acceptable use policy. An acceptable use policy (AUP) (also acceptable usage policy or fair use policy (FUP)) is a set of rules applied by the owner, creator, possessor or administrator of a computer network, website, or service that restricts the ways in which the network, website or system may be used and sets guidelines as to how it should ...
Fair use/non-free: You believe that the image meets the special conditions for non-free content, which exceptionally allow the use of unlicensed material, and you can provide an explicit non-free use rationale explaining why and how you intend to use it (example, see below for details).
Usage. To use the template, copy the empty template to an image or other media file (see Help:Files) where the content is regarded to be non-free, and fill in applicable fields (described below). The parameters must be capitalized. {{Non-free use rationale | Article = | Description = | Source = | Portion = | Low resolution = | Purpose ...
A copyright tag to claim fair use. Wikipedia's file upload function and wizard each help editors choose an appropriate tag. A list is below. Non-free images that meet Wikipedia's policy but do not fit into any of the categories below should use the tag {{Non-free fair use in|Article}}. A statement describing the source of the media.
Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this ...