File:Ernestmartinmurderer.png

This media is a booking photo, more commonly known as a mug shot, normally produced in the regular operations of a law enforcement agency or correctional facility. Some booking photos (such as those produced by the FBI) are in the public domain, while others may be copyrighted. Laws concerning disclosure of information, data protection and privacy may be applicable, especially as part of a publicly or widely distributed document. In particular, US courts have ruled that the public may not have the right to obtain a copy of a mugshot from the government, but that if obtained, may be published. This template is not a valid license tag alone. Please accompany it with an appropriate license.

This work is copyrighted (or assumed to be copyrighted) and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content § Images or Wikipedia:Non-free content § Audio clips, and it is not covered by a more specific non-free content license listed at Category:Wikipedia non-free file copyright templates. However, it is believed that the use of this work: To illustrate the subject in question 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 United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights. Fair use //en.wikipedia.org/wiki/File:Ernestmartinmurderer.png true

To the uploader: Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information. For example non-free use rationales, see Wikipedia:Use rationale examples. Template:Non-free use rationale may be helpful for stating the rationale. This tag is not a sufficient claim of fair use. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.

Source:http://www.drc.state.oh.us/web/Executed/executed25.htm

Fair Use Rationale[edit]

• NFCC#1: No free equivalent. No alternative to this photo exists or could be taken. This photo is the official record of this man's arrest and is used in the article describing his crimes and subsequent execution. As he will never be arrested again, no other mug shot of him will ever be taken. No known free photo of him exists. It is impossible to take a new free photo for he is dead.
• NFCC#2: Respect for commercial opportunities. The state of Ohio does not sell mug shots, so our distribution of this photo does not compete commercially with the original use. Furthermore, Ohio courts, in State ex rel. Rea v. Ohio Dep't of Educ., 81 Ohio St. 3d 527 recognize that the fair use doctrine allows for the reproduction of state records in accord with federal fair use doctrine.
• NFCC#3: (a) Minimal use. The picture is used as is. Anything smaller would not serve to identify the subject. (b) Resolution/fidelity. The image is web-resolution.
• NFCC#4: Previous publication. Image was taken from state of Ohio's list of executions website.
• NFCC#5: Content. This image is encyclopedic for use in the article Ernest Martin (murderer).
• NFCC#6: Media-specific policy. The source of this image is properly attributed to the state of Ohio and otherwise complies with WP:IUP.
• NFCC#7: One-article minimum. Ernest Martin (murderer).
• NFCC#8: Significance. This article aids in the memory of Ernest Martin. Words alone can never convey the image of an executed man as a human being. Indeed, the words alone may leave the reader with a view that the murderer is not a human being and not worthy of sympathy. The picture reminds us that Ernest Martin was a human being like the rest of us.
  • NFCC#8, more prosaically: a portrait of a person in the article about that person is almost always interpreted as passing NFCC#8. – Quadell ^{(talk) (random)} 22:41, 9 July 2007 (UTC)
• NFCC#9: Restrictions on location. Image should only be used in Ernest Martin (murderer) or other appropriate (as yet unwritten) articles, and never outside articlespace.
• NFCC#10: Image is sourced, appropriate fair use tag is on page, and articles it is in are mentioned and a fair use rationale is written.