File:Ralph Guldahl Sr.jpg

Summary

Licensing

This is a copyrighted image that has been released by a company or organization to promote their work or product in the media, such as advertising material or a promotional photo in a press kit. The copyright for it is most likely owned by the company who created the promotional item or the artist who produced the item in question; you must provide evidence of such ownership. Lack of such evidence is grounds for deletion. It is believed that the use of some images of promotional material to illustrate: the person(s), product, event, or subject in question; where the image is unrepeatable, i.e. a free image could not be created to replace it; on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation; qualifies as fair use under Copyright law of the United States. Any other usage of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Publicity photos. Additionally, the copyright holder may have granted permission for use in works such as Wikipedia. However, if they have, this permission likely does not fall under a free license. Fair use //en.wikipedia.org/wiki/File:Ralph_Guldahl_Sr.jpg true

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.