I would require permission to use those. I can probably use them under 'fair use' provision - but that's applicable only under American copyright law. We don't have that provision in Australia - and that's where it gets complicated, being Australian myself and writing the book here.
I have used Kenner's 4 page promotional brochure, sure, but I am keeping such material down to a minimum right now. My Intellectual Property Consultant has written to Twentieth Century Fox at least 4 times and provided them with the latest manuscript. Each time they declined to respond with so much as an acknowledgement. Despite Twentieth Century Fox' cold shouldered lack of correspondence, there's still some possibility they may permit me to use such material (including captures from the television ad.) but it's a more likely outcome they will not. In which case, if they choose to ignore my correspondence, I will remove the 4 page brochure and modify other small content items as well. At least that content is currently insubstantial.
At this point, that means about 6-10 pages will have to be removed/modified if I fail to acquire their permission. If I include more copyright sensitive material in the book at this stage - that means a greater percentage will have to be removed if permission is not granted. As it is, the book is 200+ pages and removing up to 10 pages now will reduce it by, say, 5%. It's no great loss. Adding more copyright sensitive content just raises that percentage.
In other words, I have not included such items to protect myself and keep potential changes to the book at a minimum. The 4 page brochure item can be removed and accompanying text modified without the book suffering for the loss. A change of 5% is next to nothing. In which case Twentieth Century Fox can sit back and watch for all I care - or they can get involved and show some interest. Either way I am covered.
In which case, I have prepared contingencies for both outcomes with the assistance of my legal advisor, a Trademark Attorney with 30 years of corporate level experience in such matters. If I do manage to gain their permission (which at this stage would require a miracle) then it is hoped I could have access to other content as well. Maybe that's a little too much to hope for - but you can never tell with these things. You just try and influence the outcome in a positive way.
...and work around that which you can't.
One thing for sure - and this is important - Twentieth Century Fox know about the book and they aren't ignoring it. They never ignore unauthorised Projects - and they act swiftly when they deem someone is breaching the Law.
They're just sitting back, watching to see what my next move will be. We'll see what happens next.
-Windebieste.
