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

1. It is a low resolution copy of a comic book cover.
2. The image is only a small portion of the commercial product.
3. The use of the cover will not affect the value of the original work or limit the copyright holder's rights or ability to distribute the original comic book.
4. It illustrates educational articles about the team depicted on the cover, the Avengers;
5. The image is used as the primary means of visual identification of topics in the article, specifically, the team and its origins. For a visual medium such as comic books, words alone cannot adequately describe the subject.
6. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.
7. This is the first issue of the first volume of the series and is therefore considered historically significant.