File:Herbert-Superman.jpg

Beautiful Superman by David Herbert (2007). Wood, Styrofoam, fabric, Plexiglas, and paint,366 x 76 x 36 cm.

Copyright David Herbert.

Retrieved from the Saatchi Gallery, 28 March 2010.

Fair use in David Herbert[edit]

This low resolution image is used in David Herbert, an article about the artist and his work, and is credited as a piece of artistic work, which is specifically discussed in the article. It is considered that this significantly helps the reader's understanding of the topic, as it shows how the artist has radically interpreted an iconic image. It is considered that this will not cause commercial harm to the copyright holder. It is believed that this is fair use and does not infringe copyright. There is no known free alternative available, as it is an original artwork.

According to section 107 of the United States Copyright Act of 1976 :

The fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.[1]

The image is used for non-profit purposes. This factor is noted as relevant by the Act.

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:Herbert-Superman.jpg true

To the uploader: Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information. For example non-free use rationales, see Wikipedia:Use rationale examples. Template:Non-free use rationale may be helpful for stating the rationale. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.