File:Howtosleep.jpg

Source: Boston University special collections.

Fair use in Robert Benchley:

1. it is a low resolution copy of a screenshot from a film;
2. it does not limit the copyright owner's rights to sell the film in any way;
3. copies could not be used to make illegal copies of the film or screenshot;
4. the image is significant because it relates it provides a representation of the artist in action in his most famous short film.

Fair use in How to Sleep:

1. it is a low resolution copy of a screenshot from a film;
2. it does not limit the copyright owner's rights to sell the film in any way;
3. copies could not be used to make illegal copies of the film or screenshot;
4. It is significant as it is used by his official collection to illustrate him and his work.

This image is a screenshot from a copyrighted film, and the copyright for it is most likely owned by the studio which produced the film, and possibly also by any actors appearing in the screenshot. It is believed that the use of a limited number of low-resolution screenshots for critical commentary and discussion of the film and its contents on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation, qualifies as fair use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information.

Fair use true