Beautiful Superman by David Herbert (2007). Wood, Styrofoam, fabric, Plexiglas, and paint,366 x 76 x 36 cm.

Copyright David Herbert.

Retrieved from the Saatchi Gallery, 28 March 2010.

This low resolution image is used in David Herbert, an article about the artist and his work, and is credited as a piece of artistic work, which is specifically discussed in the article. It is considered that this significantly helps the reader's understanding of the topic, as it shows how the artist has radically interpreted an iconic image. 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, as it is an original artwork.

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.