File:Breyers vintage.jpeg

Summary edit

Fair use image of Breyer model toys, circa 1972-75, models that are no longer being sold new.

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:Breyers_vintage.jpeg true

Fair use in Breyer Animal Creations edit

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 illustrates an educational article about the objects portrayed in the image
2. The image is used as the primary means of visual identification of the article topic.
3. It is a low resolution image, and thus not suitable for production of counterfeit goods.
4. The image is not used in such a way that 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.