Summary

Template:Non-free use rationale 2

Fair use for Private Godfrey

Although the picture is subject to copyright, I (Jack1956) am of the opinion that it is covered by fair use provisions of U.S. copyright laws because:

1. it is a low resolution scan of a BBC publicity photograph, and hence copies would have no or limited commercial value;
2. it does not limit the copyright owner's rights to sell the TV show or derivative productions in any way;
3. its use may encourage sales of DVDs of the series in which this character is shown
4. the image is being used for non-profit, educational, and/or illustrative/editorial purposes only;
5. the TV show (Dad's Army) featuring this image was produced by the BBC, a public service broadcaster;
6. the character (Private Godfrey) represented in the image played a major role in a culturally significant TV show.

Licensing

This photograph is copyrighted and is NOT under a free license. However, it is believed that the use of this work in the article "Private Godfrey": to provide visual identification of one or more specific individual(s), or an identifiable gathering of them, where the individual(s) concerned are deceased, or where access would for practical purposes be impossible, and for whom there is no known representation under a 'free' license, on the Main Page, hosted on servers in the United States, qualifies as fair use under United States copyright law. Any other uses of this image, on The GSD or elsewhere, may be copyright infringement. Fair use https://www.thegoonshow.co.uk/wiki/index.php?title=File:Private_Godfrey_Dads_Army.jpg true