File:Two Spout Branch Pot.jpg

Media data and Non-free use rationale

Description	'Two Spout Branch Pot', earthenware, paint, simulated gold leaf, and applied decals Howard Kottler, 1957 glazed earthenware 13 x 2 1/8 x 1 1/8 in. (33.0 x 5.4 x 2.9 cm.) Smithsonian American Art Museum Bequest of the artist
Author or copyright owner	Smithsonian American Art Museum
Source (WP:NFCC#4)	Original publication: Smithsonian American Art Museum, 2001.9, Online Collection. Immediate source: http://americanart.si.edu/collections/search/artwork/?id=32479
Use in article (WP:NFCC#7)	Howard Kottler
Purpose of use in article (WP:NFCC#8)	Provide view of late clay sculptural artwork of artist.
Not replaceable with free media because (WP:NFCC#1)	This is a free-use for educational/non-commercial use.
Minimal use (WP:NFCC#3)	This is a free use for non-commercial/educational image. Rights information provided.
Respect for commercial opportunities (WP:NFCC#2)	Personal, educational and non-commercial use of digital images from our Web site is permitted, with attribution to the Smithsonian American Art Museum, for all images unless otherwise noted.
Other information	Aside from the claim that this file qualifies for use without permission under fair use, this file is also available under a license that permits educational, personal, or otherwise non-commercial use only. Files available under such terms do not meet the definition of Free Cultural Works as adopted by the Wikimedia Foundation, and are therefore considered non-free on Wikipedia and may only be used under Wikipedia's non-free content policy. This tag must only be used with a non-free license tag and a valid fair use rationale as required by policy. Fair use true http://americanart.si.edu/collections/rights/index.cfm
Fair useFair use of copyrighted material in the context of Howard Kottlerhttp://70.231.62.181/index.php/File:Two_Spout_Branch_Pot.jpgtrue

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. This is a historically significant work that could not be conveyed in words.
2. Inclusion is for information, education, and analysis only.
3. Its inclusion in the article adds significantly to the article because it shows a major type of work produced by the artist.
4. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.
5. Personal, educational and non-commercial use of digital images from our Web site is permitted, with attribution to the Smithsonian American Art Museum, for all images unless otherwise noted.

This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) whoever holds copyright of the original has the exclusive right to authorize derivative works.

Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright.

It is believed that the use of a picture

• to illustrate the three-dimensional work of art in question,
• to discuss the artistic genre or technique of the work of art
• or to discuss the artist or the school to which the artist belongs
  

• on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, might be copyright infringement.
Fair use http://70.231.62.181/index.php/File:Two_Spout_Branch_Pot.jpg

true