File:Monroe.png

Summary[edit | edit source]

Marilyn Monroe as per cover of first Playboy Magazine.

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

1. It illustrates an educational article about the entity that the image represents; namely it is the first issue of the magazine.
2. The image is used as the primary means of visual identification of the article topic.
3. It is of lower resolution than the original, and thus not suitable for production of counterfeit goods.
4. The image is not used in such a way a reader would be confused into believing that the article is written or authorized by the owner of the image.
5. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value, as all issues of the magazine are similarly copyrighted.
6. It is a historically significant image, being that of the first issue, being the only one without the iconic rabbit, being the only one not bearing a date, and bearing a photo of Marilyn Monroe, a famous individual, at the time the most famous and iconic female movie star.
7. The photo is only being used for informational purposes.
8. It has been substantially altered from the original, removing the name of the magazine and numerous other details.

Pup

Licensing:[edit | edit source]

This image might be a copywrong violation depending on how you use it.

However, using copywronged content for the purpose of making a parody is usually legal in the US. For example:

• Columbia Pictures Corp. v. National Broadcasting Co.
• Elsmere Music, Inc. v. National Broadcasting Co.

Let's hope that nobody cares enough to test this in court.