Image:KarenAnnQuinlan.jpg

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KarenAnnQuinlan.jpg‎ (392 × 583 pixels, file size: 92 KB, MIME type: image/jpeg)

Karen Ann Quinlan — high school graduation photo, 1972. Taken by "Ackerman's Photo Studio."

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 "Karen Ann Quinlan" : 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.

This image is the "iconic" photograph of Karen Ann Quinlan that can be found everywhere - i.e. books, magazines, newspaper articles, web sites, and so on. It is genuinely ubiquitous throughout the mass media, and counts as a reasonably famous photograph of a historically significant individual.

Photograph is a portrait of Quinlan taken before her brain damage occurred.

I have emailed Karen Ann Quinlan's mother (the presumed copyright holder for this image) two times asking her about making the image free, but she has not replied to those emails. I don't want to harass her about the issue. Unless I hear back from her, I am assuming this image can be displayed under the fair use doctrine, as outlined below.

I believe this image constitutes fair use because:

• There is no other comparable image available;
• It is a famous, ubiquitous photograph of Karen Ann Quinlan;
• Photo has been widely published in many media;
• Photo is encyclopedic and meets general Wikipedia content requirements;
• Photo will be used in the article Karen Ann Quinlan;
• Photo will contribute significantly to that article and will not serve a purely decorative purpose;
• The photo is only being used for informational/educational purposes.

Image uploaded by FP ^{(talk)(edits)}.

User:Quadell asserts that the limited use of this copyrighted image in Wikipedia articles directly pertaining to it is a fair use of the image, for the following reasons:

• It depicts a deceased person. Therefore no new images of the subject can be created.
• No free-license alternatives are available that convey the same information.
• The image is no larger, and of no higher quality, than required for its use in articles.
• It is used in Wikipedia only for educational purposes and is not used for profit.
• Its use on Wikipedia does not compete with the copyright holder.
• Its use on Wikipedia is not expected to decrease the value of the copyright to its holder.

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