This low resolution image is used in The Disasters of War, an article about important works by Goya that the artists Jake and Dinos Chapman created an homage to — and their works are quoted in the text, and is credited as a piece of related artistic work. This work was noted as being exhibited in the Tate gallery. It is considered that the inclusion of this image of the work 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.