File:Diagram with cameraman's affidavit1.JPG

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Fair use

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Description: This diagram was attached to an affidavit sworn in October 2000 by Talal Abu Rahma, the France 2 cameraman who filmed the reported shooting of Muhammad al-Durrah incident.

Source: Palestinian Centre for Human Rights, October 3, 2000, accessed October 14, 2009.

Copyright: Talal Abu Rahma or France 2

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 a significant image, and has been presented in evidence at two court cases in Paris.
2. The image has no monetary value that our use of it would affect.
3. It has been made available free of charge by the copyright holder.
4. It is being used for informational purposes in an article about the event it depicts.
5. We have no reason to believe the copyright holder would object.
6. The imagery and its historical significance are a key part of the story and the article would be significantly poorer without it.
7. A French ballistics expert commissioned by Philippe Karsenty presented a diagram to the Paris Court of Appeal in 2008. It included a position called the "pita", in which several sources say Palestinian police officers stood, armed with automatic rifles.^[1] This position does not appear on the France 2 cameraman's diagram in this image, which marks that area as "Fields". This is a crucial point. It's therefore important to show both diagrams side by side.