I want to use a single frame from a movie made in 1973 in an email marketing piece. The thing being sold is software used in law schools and is not entertainment. It's use is to compare the 1973 way of doing things to the 2019 way of doing things. Fair use?
the purpose and character of your use. It is commercial, but unrelated to entertainment It is transformative; it is being used to show the improvement in a process used in schools.
the nature of the copyrighted work. The work is a movie made in 1973.
the amount and substantiality of the portion taken, and. It is a single frame from a 1 hour 53 minute long movie. The portion taken is not the “heart” of the work.
the effect of the use upon the potential market. It is unlikely that our use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work. We are using it to sell some software in law schools. We are not creating an artistic work that Twenty Century Fox could make money from.