Image:Grouchomarxpromophoto.jpg

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Old Groucho Marx promotional photo from NBC, scanned by me from 1st edition (Published 1960) of book "Groucho and Me" by Groucho Marx. Which uses said image in a modified form on its cover and as an insert within. Image credits in book for said photo read "Copyright (c) 1950 National Broadcasting Corporation". 1950 was the year You Bet Your Life went from radio to television, this image is mentioned as being part of the promotional material for You Bet Your Life within the book itself.

[edit] Licensing

This is a copyrighted image that has been released by a company or organization to promote their work or product in the media, such as advertising material or a promotional photo in a press kit.

The copyright for it is most likely owned by the company who created the promotional item or the artist who produced the item in question; you must provide evidence of such ownership. Lack of such evidence is grounds for deletion.

It is believed that the use of some images of promotional material to illustrate:

the person(s), product, event, or subject in question
where the image is unrepeatable, i.e. a free image could not be created to replace it
on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under United States copyright law. Any other usage of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Publicity photos.

Additionally, the copyright holder may have granted permission for use in works such as Wikipedia. However, if they have, this permission likely does not fall under a free license.

Please note that our policy usually considers fair use images of living people that merely show what they look like to be replaceable by free-licensed images and unsuitable for the project. If this is not the case for this image, a rationale should be provided proving that the image provides information beyond simple identification or showing that this image is difficult to replace by a free-licensed equivalent. Commercial third-party reusers of this image should consider whether their use is in violation of the subject's publicity rights.

[edit] Fair Use rationale

It is believed that the use of this image on the English-language Wikipedia to illustrate a section of the article on the person(s) depicted falls under the "Non-profit educational" clause of the Fair Use doctrine currently upheld by United States law. (17 U.S.C. § 107)
It is unlikely that a freely-licensed image suitable for illustrating the subject as he appeared in 1950 will be found, owing to the demise of the subject in 1977. As such, the photograph can be reasonably described as "irreplacable".
Owing to the limited web-resolution of the image, only a small portion of a copyrighted work is used.
For the same reasons, the portion of the copyrighted work used is of inherently lower quality than the original, reducing the risk of competitiveness and therefore the effects of this copy on the market for or value of versions held by the owner of the copyright.
This has been previously published on both a public press package, several editions of "Groucho and Me" by Groucho Marx, the internet, and in various other print media (magazines, newspapers, etc...).
This image is only used in the article on Groucho Marx.

File history

Click on a date/time to view the file as it appeared at that time.

	Date/Time	Dimensions	User	Comment
current	06:14, 6 February 2005	332×425 (23 KB)	Alkivar (Talk \| contribs)	(An old Groucho Marx promotional photo from NBC. {{fair use}})