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The four factors judges consider are:

the purpose and character of your use

the nature of the copyrighted work

the amount and substantiality of the portion taken, and

the effect of the use upon the potential market.

@zear - I'm certain that my photograph of the Tempest side art falls squarely under Fair Use.Via http://fairuse.stanford.edu/overview/fair-use/four-factors/ Given that it's a photograph of just a portion of the art, it's not being sold, and the "potential market" for Tempest cabinets is basically zero (Atari doesn't even really exist anymore), Fair Use is easily applicable. Which means I'm within my rights to put the photo online and provide it here in a format for people to use as a background on their GCW.That said, it actually doesn't make a very good background. It's so noisy that it makes it hard to see the icons.