File:Blackutopia.jpg

Cover of Derek Sherinian's album "Black Utopia"

1. The image is a non-free album cover
2. The image is being used for identification on the album article of the same name.
3. The image is also being used to demonstrate album graphics that was removed in Japan.
4. The image is small and of web-resolution.

This image is of a cover of an audio recording, and the copyright for it is most likely owned by either the publisher of the work or the artist(s) which produced the recording or cover artwork in question. It is believed that the use of low-resolution images of such covers solely to illustrate the audio recording in question, 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, may be copyright infringement. See Wikipedia:Non-free content for more information. Fair use //en.wikipedia.org/wiki/File:Blackutopia.jpg true

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

1. No free or public domain images exist for this or any album cover.
2. This image does not replace the original market role of the album.
3. This should and most likely be used only on the article for the album it depicts.
4. This image is widely distributed in other venues, so its use on Wikipedia does not make it significantly more accessible or visible than it already is.
5. This image meets all general Wikipedia content requirements and is encyclopedic.
6. The image significantly illustrates the object of the article.
7. The image does not limit the copyright owners' rights to distribute the album in any way.
8. The cover is being used for educational and informational purposes only, and its use is not believed to detract from the original album in any way, or deprive its copyright holders of any financial gain.
9. The image is of lower resolution than the original cover. Copies made from it will be of inferior quality, and could not be used as artwork on illegal CD copies of the album.

Note that this does not claim fair use in articles other than Black Utopia. If you wish to use this image in another article, please add a new fair use rationale below.