File:AEOrangeOscar.jpg

Fair use in Oscar the Grouch in the article Oscar the Grouch[edit]

This copyrighted image is used in the English-language Wikipedia article "Oscar the Grouch." The manner of said use constitutes a "fair use" under United States copyright law. Specifically:

1. The English-language Wikipedia is a project of the Wikimedia Foundation, Inc., a non-profit charitable organization.
2. The article for which this use occurs is purely educational in nature and, thus, is non-commercial.
3. The sole purpose of this use of the copyrighted image is to illustrate a historical aspect (previous variation) of the character in question.
4. The image is used only once in the article, and is used in a section or "information box" that is neutral in tone.
5. The image is not the "content" specifically being sold by the publisher.
6. The market for any product will not be diminished by this use of the image. In fact, this use is likely to encourage the increased legitimate sales of said productss.
7. Because the image is provided at a low resolution inappropriate for re-printing, its usage on Wikipedia does not pose a problem of aiding media piracy, or make it so that the copyright holder could not in the future successfully re-sell the image as a print or poster on its own.
8. Since it is copyrighted character and shown in an early now-obsolete variation, the image is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.
9. Digital versions of this image have been previously published on numerous websites, so this use on Wikipedia does not make the image significantly more accessible.
10. The image is not used in such a way that a reader would be confused into believing that the article is produced, sponsored, or authorized by the owner of the image.

Fair use rationale for History of Sesame Street[edit]

1. No free equivalent exists that would effectively identify the article's subject because the show first aired in 1969 and the character is copyrighted.
2. The image illustrates a previous version of the character in question.
3. The image does not in any way limit the ability of the copyright owners to market or sell their product.
4. This image is rendered in low resolution to avoid piracy.
5. The image has been published outside Wikipedia, for example, the documentary from which it was taken.
6. The image meets general Wikipedia content requirements and is encyclopedic.
7. The image meets Wikipedia's media-specific policy.

Summary[edit]

A screenshot of the original Orange Oscar the Grouch, taken from the A&E Documentary on Sesame Street aired July 17/2006.

Licensing[edit]

This image is a screenshot of a copyrighted television program. As such, the copyright for it is most likely owned by the company or corporation that produced it. It is believed that the use of a limited number of low-resolution screenshots for identification of and critical commentary on the television program and its contents 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. For more information, see Wikipedia:Non-free content. Fair use //en.wikipedia.org/wiki/File:AEOrangeOscar.jpg true