File:Ralph Guldahl Sr.jpg

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Photo from a promotional advertisement for Studebaker cars

Okay, since we are going to the Supreme Court over this, here are my arguments for fair use:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

Obviously the use is academic; it's in an encyclopedia.

2. The nature of the copyrighted work.

The photo is from an Advertisement. It shows no text or any other mention of what was promoted.

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

The photo is cropped to about 25% of the original.

4. The effect of the use upon the potential market for or value of the copyrighted work.

The product being promoted is no longer being manufactured; the company no longer exists.

Under the balancing rule, I would say that this is an overwhelming argument in favor of fair use.

Another note: The current owner of the photograph is Vic Edelbrock and it resides in the Edelbrock museum archives, which are currently maintained by Ralph Guldahl, Jr., who has verbally given permission for its use.