File:Samek-Smelling-Mistake.jpg

Tom Samek. Smelling Mistake, digital print, 36 x 36 cm.

Retrieved from Bett Gallery, 24 May 2010. Copyright Tom Samek.

This low resolution image is used in Tom Samek, an article about the artist and his work, and is credited as a piece of artistic work. The subject matter of the work is referred to specifically in the text, as being one of his periods of work, and the whimsical nature of it is also stated. It is considered that the inclusion of this image therefore significantly helps the reader's understanding of the topic and that understanding of the topic would be impaired without it. It is considered that this will not cause commercial harm to the copyright holder. It is believed that this is fair use and does not infringe copyright. There is no known free alternative available.

According to section 107 of the United States Copyright Act of 1976 :

The fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.[1]

The image is used for non-profit purposes. This factor is noted as relevant by the Act.

This image represents a two-dimensional work of art, such as a drawing, painting, print, or similar creation. The copyright for this image is likely owned by either the artist who created it, the individual who commissioned the work, or their legal heirs. It is believed that the use of low-resolution images of artworks: for purposes of critical commentary on: the specific work in question, the artistic genre or technique employed in the artwork, or the artistic school or tradition to which the artist is associated, as applied within the English-language Wikipedia, hosted on servers located in the United States by the non-profit Wikimedia Foundation, qualifies as fair use under United States copyright law. Any other use of this image, whether on Wikipedia or elsewhere, could potentially constitute a copyright infringement. For further information, please refer to Wikipedia's guidelines on non-free content. Fair use //en.wikipedia.org/wiki/File:Samek-Smelling-Mistake.jpg true

To the uploader: Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information. For example non-free use rationales, see Wikipedia:Use rationale examples. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.