File:40 Days & 40 Nights movie.jpg

40 Days & 40 Nights movie poster. Taken from [1]

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. It's a low resolution copy of a Film Poster / VHS or DVD Cover.
2. It doesn't limit the copyright owner's rights to sell the film in any way, in fact, it may encourage sales.
3. Because of the low resolution, copies could not be used to make illegal copies of the artwork/image.
4. The image is itself a subject of discussion in the article or used in the infobox thereof.
5. The image is significant because it was used to promoted a notable film.

This image is of a film poster, and the copyright for it is most likely owned by either the publisher or the creator of the work depicted. It is believed that the use of scaled-down, low-resolution images of film posters to provide critical commentary on the film in question or of the film poster itself, not solely for illustration where no free equivalent is available or could be created that would adequately give the same information, on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation, qualifies as fair use under the copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information.

Fair use true