File:Black and White America.jpg

Fair use in Black and White America
Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:
 * 1) It's a low resolution copy of a CD/album cover.
 * 2) It doesn't limit the copyright owner's rights to sell the CD/album in any way, in fact, it may encourage sales.
 * 3) Because of the low resolution, copies could not be used to make illegal copies of the album artwork on another CD.
 * 4) The image is itself a subject of discussion in the article or used in the infobox thereof.
 * 5) The image on the cover is significant because it was made by a famous artist.

Source
Derived from a digital capture (scan/photo) of the album/CD cover (creator of this digital version is irrelevant as the copyright in all equivalent images is still held by the same party). Copyright held by the record company or the artist. Claimed as fair use regardless.