File:Muhammad al-Durrah pathologist's image.JPG

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Description: A pathologist's photograph of Muhammad al-Durrah incident, taken in the Al-Shifa Hospital, Gaza, on September 30, 2000. The pathologist's images have been broadcast on French television (by Canal+) as images of Muhammad. Esther Schapira, a German journalist, has questioned whether they are images of him, or of some other boy.

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This work is copyrighted (or assumed to be copyrighted) and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content § Images or Wikipedia:Non-free content § Audio clips, and it is not covered by a more specific non-free content license listed at Category:Wikipedia non-free file copyright templates. However, it is believed that the use of this work:
  • To illustrate the subject in question
  • Where no free equivalent is available or could be created that would adequately give the same information
  • On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights.

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Source: Esther Schapira's Das Kind, Der Tod und die Wahrheit for ARD Television, Germany. See here, part 4, at 2:28 minutes.

Copyright: Dr Abed El-Razeq El Masry, the pathologist, or the Al-Shifa Hospital

Rationale for use in Muhammad al-Durrah incident

Though this image is subject to copyright, its use is covered by the U.S. fair use laws, and the stricter requirements of Wikipedia's non-free content policies, because:

  1. It is an historically significant image.
  2. The image has no monetary value that our use of it would affect.
  3. It was offered to the media by copyright holder.
  4. It has been widely broadcast in France and in Germany.
  5. It is being used for informational purposes in an article about the event it depicts.
  6. The imagery and its historical significance are a key part of the story and the article would be significantly poorer without it.
  7. There is no free equivalent.
  8. The image itself has been the subject of commentary. significance of this image is that the article is about whether this boy died, and here is what appears to be an image of him on the day in the morgue, according to the pathologist who released the image. Those who say he was not shot say this image is not of him.

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