File:Leibowitz, Samuel & Scottsboro Boys 1932.jpg

Fair use for 'Samuel Leibowitz and Scottsboro Boys'[edit]

Though this image is from a web site subject to copyright, I feel its use is covered by the U.S. fair use laws because:

1. The web page says the author of that web site, a law professor, does not own the photo, has the permission of no one to use it and posts it himself under a "fair use" rationale.
2. It is a photograph of a historical figure who was an attorney in a public court in many famous cases.
3. The other persons in the photo are also important historical figures who were defendants in a public court, who were incarcerated at the time the photo was taken in 1932 and for many years thereafter.
4. Everyone in that photo has been dead for years.
5. The photographer was Fred Hiroshige, a photographer for the Decatur Daily newspaper during the 1933 Decatur trial. Found at http://law2.umkc.edu/faculty/projects/FTrials/scottsboro/scottsb.htm
6. After careful research, I found on: "Shot in Alabama: A History of Photography, 1839–1941", some evidence that Fred Hiroshige died in Alabama in 1981; this means his works will not be entering Public Domain until at least 2052.
7. The photo is being used for identification of the people it depicts, especially important to this article and to the article on the Scottsboro Boys that talks about the people in that photo extensively.
8. The photo depicts the close relationship these black youths had with their attorney and the fact that National Guard troops had to protect them at the time of Leibowitz's representation of them, which protection the Scottsboro Boys article discusses extensively.
9. The photo shows the bedraggled dress of these youths, which gives insight into how they appeared to white juries in 1930s era Alabama.
10. The Samuel Leibowitz article describes that the most important event in the life and career of Attorney Samuel Leibowitz was his representation of these youths, which this photo depicts.

The license would be fair-use for persons who are dead.

Description[edit]

A front-on view of Attorney Samuel Leibowitz, the Scottsboro Boys and the National Guard troops protecting them.

This image is a faithful digitisation of a unique historic image, and the copyright for it is most likely held by the person who created the image or the agency employing the person. It is believed that the use of this image may qualify as non-free 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. Please remember that the non-free content criteria require that non-free images on Wikipedia must not "[be] used in a manner that is likely to replace the original market role of the original copyrighted media." Use of historic images from press agencies must only be of a transformative nature, when the image itself is the subject of commentary rather than the event it depicts (which is the original market role, and is not allowed per policy). Fair use //en.wikipedia.org/wiki/File:Leibowitz,_Samuel_%26_Scottsboro_Boys_1932.jpg 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 2 may be helpful for stating the rationale. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template. If this tag does not accurately describe this image, please replace it with an appropriate one. Fair use true