The use of this image on Wikipedia is contended to be a fair use, since it is used solely for educational purposes in a not-for-profit encyclopedia, is necessary for cultural and historical purposes, and the material value of the possible copyright is not believed to be lessened by its use here
It is believed that the use of this image on the English-language Wikipedia to illustrate an article on the person in question 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 a low resolution copy
It is only being used to illustrate the article in question
The image is irreplaceable; a free analogue is impossible to produce as the original will be covered by copyright for the foreseeable future
Owing to the limited web-resolution of the image, only a small portion of a copyrighted work is used
It does not limit the copyright owner's rights to sell the image in any way
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
Fair useFair use of copyrighted material in the context of David Berman (mobster)//en.wiki.x.io/wiki/File:David_Berman.jpgtrue
{{Non-free use rationale | Article = David Berman (mobster) | Description = American criminal David Berman | Source = https://www.dailymail.co.uk/news/article-9579691/Las-Vegas-Mob-Princess-Susan-Berman-family-ties-Bugsy-Siegel-murdered-Robert-Durst.html | Portion = Full | Low resolution = Yes | Purpose = It is only being used to illustrate the article in question | Replaceability = As the subject is deceased, no free equivalent could re...
