File:'Woman with Her Throat Cut', a flor piece by Giacometti, 1932 (cast 1949), Museum of Modern Art, (New York City).jpg

'Woman with Her Throat Cut', a floor sculpture by Alberto Giacometti, 1932 (cast 1949), Museum of Modern Art, (New York City)

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Fair use in Alberto Giacometti

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

1. This is a historically significant work that could not be conveyed in words.
2. Inclusion is for information, education, and analysis only.
3. Its inclusion in the article(s) adds significantly to the article(s) because it shows a major type of work produced by the artist.
4. The image is a low resolution copy of the original work and would be unlikely to impact sales of prints or be usable as a desktop backdrop.
5. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.

This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) whoever holds copyright of the original has the exclusive right to authorize derivative works. Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright. It is believed that the use of a picture to illustrate the three-dimensional work of art in question, to discuss the artistic genre or technique of the work of art or to discuss the artist or the school to which the artist belongs 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. Fair use //en.wikipedia.org/wiki/File:%27Woman_with_Her_Throat_Cut%27,_a_flor_piece_by_Giacometti,_1932_(cast_1949),_Museum_of_Modern_Art,_(New_York_City).jpg true