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The use of header images in this site are all assumed to fall under the U.S. Copyright "Fair Use Doctrine" in that they are used for non-commercial educational purposes to contribute to society by continuing the public discourse, all exist in the public domain as movies, television programs, etc., the portion used is infinitesimal compared to the actual totality of the copyrighted work, and there use has no effect upon the potential market for, or value of the copyrighted work. Specific extracts to the copyright law on fair use and references to opinions by subject matter experts are also provided as confirmation to these claims.
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors (U.S. Copyright Office, 2020, p. 19; Legal Information Institute, 2020).
The policy behind copyright law is not simply to protect the rights of those who produce content, but to "promote the progress of science and useful arts." U.S. Const. Art. I, § 8, cl. 8. Because allowing authors to enforce their copyrights in all cases would actually hamper this end, first the courts and then Congress have adopted the fair use doctrine in order to permit uses of copyrighted materials considered beneficial to society, many of which are also entitled to First Amendment protection. Fair use will not permit you to merely copy another’s work and profit from it, but when your use contributes to society by continuing the public discourse or creating a new work in the process, fair use may protect you (Digital Media Law Project, 2020).
[T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (Digital Media Law Project, 2020)
References:
Digital Media Law Project. (2020). Fair use. Retrieved from http://www.dmlp.org/legal-guide/fair-use
Legal Information Institute. (2020). 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use. Retrieved from https://www.law.cornell.edu/uscode/text/17/107
U.S. Copyright Office. (2020). More information on fair use. Retrieved from https://www.copyright.gov/title17/chapter1.pdf pg. 19