File:StrangeWorlds1 Marvel.jpg

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Summary

Cover, Strange Worlds #41 (Dec. 1958) Atlas Comics (Marvel Comics predecessor). Cover art by Jack Kirby (pencils( & Christopher Rule (inker)

Source: http://www.comics.org/graphics/covers/1312/400/1312_4_1.jpg

Licensing

Fair use in Strange Worlds (Atlas Comics)

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 comic book from which the cover illustration was taken.
  2. The image is used as the primary means of visual identification of the article topic, the comic book series Strange Worlds.
  3. The image is the cover of the first, historically significant issue.
  4. The use of the cover will not affect the value of the original work or limit the copyright holder's rights or ability to distribute the original. In particular, copies could not be used to make illegal copies of the book.
  5. It is a low resolution image.
  6. The image is only a small portion of the commercial product.
  7. The comic book is copyrighted, so the image is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.

Fair use in Atlas Comics (1950s)

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 comic book publisher which the cover illustration was taken.
  2. The image is used as the only means of visual identification of the article's large section about Jack Kirby, the leading artist of late-period Atlas Comics and the artist most identified with the publisher at this time.
  3. The cover image is historically significant in that it was Kirby's first work for Atlas Comics, soon to be Marvel Comics, about his permanent return to the company for whom he would soon co-create the Fantastic Four, the Hulk and numerous other characters, and with Stan Lee revolutionize the comic-book industry.
  4. The use of the cover will not affect the value of the original work or limit the copyright holder's rights or ability to distribute the original. In particular, copies could not be used to make illegal copies of the book.
  5. It is a low resolution image.
  6. The image is only a small portion of the commercial product.
  7. The comic book is copyrighted, so the image is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.


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