File:Samek-Smelling-Mistake.jpg

Description
Tom Samek. Smelling Mistake, digital print, 36 x 36 cm.

Retrieved from Bett Gallery, 24 May 2010. Copyright Tom Samek.

Fair use in Tom Samek
This low resolution image is used in Tom Samek, an article about the artist and his work, and is credited as a piece of artistic work. The subject matter of the work is referred to specifically in the text, as being one of his periods of work, and the whimsical nature of it is also stated. It is considered that the inclusion of this image therefore significantly helps the reader's understanding of the topic and that understanding of the topic would be impaired without it. 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.

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.

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