Summary

Fair use in Radio Parade of 1935

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 Film Poster / VHS or DVD Cover.
2. It doesn't limit the copyright owner's rights to sell the film 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 artwork/image.
4. The image is itself a subject of discussion in the article or used in the infobox thereof.
5. The image is significant because it was used to promoted a notable film.

Source

1. Derived from a digital capture (photo/scan) of the Film Poster/ VHS or DVD 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 film company or the artist. Claimed as fair use regardless.

Licensing

This image is the cover of a videotape, DVD, Blu-ray, etc. and the copyright for it is most likely owned by either the publisher of the video or the studio which produced the video in question. It is believed that the use of low-resolution images of video covers to illustrate the videotape or disc in question on the Main Page, hosted on servers in the United States, qualifies as fair use under the Copyright law of the United States. Any other uses of this image, on the GSD or elsewhere, may be copyright infringement. See GSD:Non-free content for more information.

Fair use true