File:Proctor-Morning.jpg

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Dod Proctor. Morning. Oil on canvas, 76.2 x 152.4 cm.

Retrieved from Tate gallery, 16 September 2009. Copyright stated to be that of the Tate.

Fair use in Dod Proctor

This low resolution image is used in Dod Proctor, an article about the artist and her work, and is credited as a piece of artistic work. It is her best known work and was bought for the nation by the Daily Mail, a very unusual eventuality. It was considered at the time to evidence a new aesthetic. It is considered that the inclusion of this image significantly helps the reader's understanding of the topic and that understanding of the topic would be impaired without it. It is considered that this will not cause commercial harm to the copyright holder. It is believed that this is fair use and does not infringe copyright. There is no known free alternative available.

According to section 107 of the United States Copyright Act of 1976 :

The fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.[1]

The image is used for non-profit purposes. This factor is noted as relevant by the Act.

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