File talk:User Gem SW user box.jpg

Fair use: Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include&mdash;


 * the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
 * the nature of the copyrighted work;
 * the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
 * the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. This image is not a substantial portion of the copyrighted work as a whole, it is not used for a commercial purpose and it definitely does not affect the potential market value of the copyrighted work, so it can be used under fair use. I am removing the template from the image page. If you want to discuss the issue, please do so without reverting my edit. -- (gem / talk) 07:25, 3 May 2007 (CDT)