File:Pb1253.jpg

Summary[edit]

First issue of Playboy magazine, featuring a black-and-white photo of Marilyn Monroe in a dress to make it interesting promising inside full-color pictures of her nude. This first issue is the only issue of Playboy not to have the date on the cover. Hugh Hefner said he was not sure there would be a second issue. Also, this is the only cover that does not have an image of a “bunny” on the cover. (Picture shown is a reprint).

Fair use for Playboy[edit]

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. It illustrates an educational article about the entity that the image represents; namely it is the first issue of the magazine.
2. The image is used as the primary means of visual identification of the article topic.
3. It is of lower resolution than the original, and thus not suitable for production of counterfeit goods.
4. The image is not used in such a way a reader would be confused into believing that the article is written or authorized by the owner of the image.
5. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value, as all issues of the magazine are similarly copyrighted.
6. It is a historically significant image, being that of the first issue, being the only one without the iconic rabbit, being the only one not bearing a date, and bearing a photo of Marilyn Monroe, a famous individual, at the time the most famous and iconic female movie star.
7. The photo is only being used for informational purposes.

--AnonEMouse ^(squeak) 19:33, 30 July 2007 (UTC)

Fair use for Pornographic magazine[edit]

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. It illustrates an educational article about the entity that the image represents; namely pornographic magazines
2. The image is used as the primary means of visual identification of the article topic.
3. It is of lower resolution than the original, and thus not suitable for production of counterfeit goods.
4. The image is not used in such a way that a reader would be confused into believing that the article is written or authorized by the owner of the image.
5. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value, as all issues of the magazine are similarly copyrighted.
6. It is a historically significant image, being that of the first issue of the first modern glossy pornographic magazine, and still the most popular pornographic magazine.
7. The photo is only being used for informational purposes.

--AnonEMouse ^(squeak) 19:33, 30 July 2007 (UTC)

Fair use rationale for Marilyn Monroe[edit]

1. This image is being used to illustrate the text on the magazine in question and is used for informational or educational purposes only.
2. This image is of low resolution.
3. It is believed that this image will not devalue the ability of the copyright holder to profit from the original work.
4. No alternate, free image exists that can be used to illustrate the subject matter.

Source[edit]

The ultimate source is Playboy itself, the intermediate steps, namely who exactly photographed scanned it in, is not crucial for copyright principles, being that they would be reproductions without originality.

Licensing[edit]

This image is of a magazine cover, and the copyright for it is most likely held by either the publisher of the magazine or the individual contributors who worked on the cover depicted. It is believed that the use of low-resolution images of magazine covers to illustrate the publication of the issue of the magazine in question with the publication name either visible on the image itself or written in the image description above, 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 uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information.

Note: If the image depicts a person or persons on the cover, it is not acceptable to use the image in the article of the person or persons depicted on the cover, unless used to directly illustrate a point about the publication of the image. Use of the image merely to depict a person or persons in the image will be removed.