 | Below are answers to frequently asked questions about the corresponding page The Dawn of the Black Hearts. They address concerns, questions, and misconceptions which have repeatedly arisen on the talk page. Please update this material when needed. |
Q1: Why isn't there a picture of the album cover art? All the other articles have pictures of the cover art!
A1: The main feature of the album cover art is a photo that was used without permission, in violation of U.S. and international copyright law.
Q2: But we could just say that it's "fair use".
A2: The normal fair use rules for album cover art do not apply when the cover art is itself a copyright violation. In particular, the relevant Wikipedia policy says that fair use is only acceptable if the image was originally "published or publicly displayed outside Wikipedia by (or with permission from) the copyright holder". This mandatory requirement cannot be met for this image, because it has never been published or publicly displayed by or with permission from the copyright holders.
Q3: You mean the cover art image wasn't rejected because of the distressing content?
A3: It is true that many editors over the years have objected to this image as a violation of the subject's moral rights, personality rights, and privacy rights. And because Wikipedia is not censored, content is not removed solely because it is objectionable. However, the non-free content criteria also applies, regardless of the content. See the above question for an explanation on why the non-free content criteria disallows Wikipedia to use the image.
Q4: Can I put in an external link to a picture of it?
A4: No. Adding an external link to a copyright violation is a serious violation of one of Wikipedia's major legal policies.
Q5: Who owns the copyright to the photo?
A5: When the photographer died, the copyright was transferred to the family of the man pictured in the photo, who have publicly stated that its use anywhere, for any purpose, has never been authorized.
Q6: What should I do if someone adds the picture to the article again?
A6: Tag the file for deletion as {{db-repost}}, as "Recreation of a page that was deleted per a deletion discussion". The admins should be able to find the files for deletion discussion through the logs for one of the prior images.
