File:Rhcp9.jpg

Summary
Cover of the album By the Way by the Red Hot Chili Peppers.

Fair use rationale in By the Way

 * 1) The image is a publicity still intended for wide distribution.
 * 2) The image is of lower resolution than the original photograph (copies made from it will be of inferior quality).
 * 3) The image does not limit the copyright owners' rights to distribute the photograph or the film in any way.
 * 4) The image is being used for informational purposes only, and its use is not believed to detract from the original photograph or film in any way.

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,...scholarship...is not an infringement of copyright."

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