Fair Use Rationale
The images are screenshots from a copyrighted film and the copyright lies with the studio who produced the film and a copyrighted advert that lies with The Advertising Archive. It is asserted that the use of these copyrighted image in the analogy ‘Are You a Dr No or the Man From Del Monte?’ qualify as a fair use of the images, for the following reasons:
- They depict a fictional subject (such as a character) that is copyrighted. It would be impossible to create a replacement image which would not be subject to the original author’s copyright.
- The images are only used to illustrate the fictional subject, and not to illustrate a non-fictional but related subject (such as the actor).
- The images substantially improves the article it is in.
- The images are no larger, and of no higher quality, than required for its use in articles.
- The images are used in The Analogies Project only for educational purposes and is not used for profit.
- Their use on The Analogies Project does not compete with the copyright holder.
- Their use on The Analogies Project is not expected to decrease the value of the copyright to its holder.