1993 DGC Records handout photo.
This is a copyrighted image that has been released by a company or organization to promote their work or product in the media, such as advertising material or a promotional photo in a press kit.
The copyright for it is most likely owned by the company who created the promotional item or the artist who produced the item in question.
It is believed that the use of some images of promotional material to illustrate:
- the person(s), product, event, or subject in question
- where the image is unrepeatable, i.e. a free image could not be created to replace it
qualifies as fair use under United States copyright law.
Rationale for "fair use" in the articles Nirvana :
This image is used for the purposes of criticism and comment on the band Nirvana.
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,...scholarship...is not an infringement of copyright.
The image is of considerably lower resolution than the original and it is used for non-profit purposes. These two factors are noted as relevant by the Act. The photo does not limit the copyright owners' rights to reproduce the image and no free or public domain images have been located to represent this subject (a photo of the three "main" members of the group and of Kurt Cobain).
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