Phase2bubbler.gif (309 × 186 pixels, file size: 23 KB, MIME type: image/gif)
Summary
editPHASE 2 graffiti piece, utilizing the "bubble letter" style. New York City circa the early 1970s.
This photographic image is copyrighted to the artist who painted the graffiti piece which the photo captures, namely PHASE 2. It was published in a book called Style: Writing From The Underground co-edited by PHASE 2 and published in 1996, though it is uncertain whether the image was ever published prior to that. The entire image has been used, though it is of lower resolution than the original. The image is used in the article to illustrate the technique of "bubble letter" graffiti writing which the subject of the article pioneered. As such the image falls in line with acceptable fair use guidelines for images used "for critical commentary, including images illustrative of a particular technique or school." The image cannot be replaced by a free content image, because the artwork in question - graffiti by PHASE 2 from the early 1970s - is no longer in existence. Thus old photographs of these graffiti pieces are the only images available.
This photograph is copyrighted by Jack Stewart, and the above commentary is unpersuasive Photoarchiver (talk) 04:56, 2 April 2009 (UTC)
Licensing
edit![]() | This work prominently depicts a work of illegal graffiti which might not be in the public domain and has not been released under a free license.
Occasionally graffiti will be kept, using the claim that an author might be denied any copyright relief based on an illegal act; however, there is no evidence of this legal theory being tested. See commons:Commons:Copyright rules by subject matter#Graffiti. Official Commons policy is the precautionary principle, which rejects claims such as "The copyright owner will not bother to sue or cannot afford to." or "Nobody knows who the copyright owner is". Complex understanding of the law may be required to determine whether the graffiti in this work would actually be eligible for copyright enforcement. It is believed that the use of low-resolution images of graffiti,
qualifies as fair use under the copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information.
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File history
Click on a date/time to view the file as it appeared at that time.
Date/Time | Thumbnail | Dimensions | User | Comment | |
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current | 09:29, 26 September 2007 | ![]() | 309 × 186 (23 KB) | Bigtimepeace (talk | contribs) | This image is a photograph of graffiti on a subway. The web site from which I downloaded it is almost certainly not the copyright holder, though I have no idea who is. I believe it is usable under the fair use rationale for works of art, namely that paint |
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