Image:FlandersBrothers.jpg

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FlandersBrothers.jpg‎ (411 × 281 pixels, file size: 22 KB, MIME type: image/jpeg)

[edit] Summary

Source: Estate of Ralph E. Flanders. POC— Photograph from the 1940s showing three Flanders brothers, senator and engineer Ralph, mathematician Donald and engineer Ernest. Originally published in Randolph Vermont ‘’ Times-Argus’’ ^[1]

[edit] Licensing

This work is 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. However, it is believed that the use of this work in the article "Ralph Flanders" : 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 ([1]), 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. To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

[edit] Fair use rationale for article Ralph Flanders

Though this image is subject to copyright, I feel that the fair use provisions of U.S. copyright laws cover its use because:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes–It is the only known photograph showing Senator Ralph Flanders with his two surviving brothers (of nine children only another sister survived). Its inclusion in the article adds significantly to the article because it shows three people who were historically significant Ralph, a senator, Donald, a mathematician on the Manhattan project, and Ernest a recipient of a prize from ASME. The use is for informational purposes through a non-profit entity.
2. The nature of the copyrighted work–The photograph is owned by heirs to Ralph and Ernest Flanders, who have posted it on a family website, accessible to the public.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole–The photograph is not part of an over-all work.
4. The effect of the use upon the potential market for or value of the copyrighted work–This photograph does not have momentous historical significance and would have a negligible effect on the overall market potential of the Flanders history, which has substantially been written and published. The image contains very few pixels, which gives it poor potential for reproduction.

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