Image:LouisCohen.jpg

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LouisCohen.jpg‎ (235 × 513 pixels, file size: 66 KB, MIME type: image/jpeg)

[edit] Summary

a news photo of New York mobster Louis Cohen as appearing in his Find-A-Grave entry (see [1]). I believe the photo, taken prior to 1923, falls under fair use as a historically significant photo of a famous individual and used for informational purposes.

Photo was taken in 1923 after his arrest for the shooting of Nathan Kaplan; published in multiple newspapers at the time. After a diligent search of copyright renewals in 1950 and 1951, no evidence was found that the copyright for this photograph was renewed, however, since the photographer is unknown, it is possible that the photograph was taken by a staff photographer for one of the New York newspapers of the time, most of which did renew their copyright. Since photographer is uncertain, it would be best to list this as fair-use until 2018 at which time it would fall into the public domain even with renewal. Shell ^babelfish 19:20, 20 December 2007 (UTC)

[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 "Louis Cohen" :

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 ([2]),

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 Louis Cohen

Non-free / fair use media rationale for Louis Cohen
Description	This image is a faithful digitalization of Louis Cohen's arrest, a historically significant photograph.
Source	The image has been derived from a photograph taken in 1923, photographer unknown.
Article	Louis Cohen
Portion used	Because the image is historically significant, the entire image is needed to identify the subject, properly convey the meaning and branding intended, and avoid tarnishing or misrepresenting the image.
Low resolution?	The copy is of sufficient resolution for commentary and identification but lower resolution than the original. Copies made from it will be of inferior quality, unsuitable for uses that would compete with any commercial purpose of the photograph.
Purpose of use	Identification and critical commentary in the Louis Cohen article, a subject of public interest. It makes a significant contribution to the user's understanding of the article, which could not practically be conveyed by words alone. The image is placed next to the associated material discussing the work, to show the primary visual image associated with the work, and to help the user quickly identify the work and know they have found what they are looking for.
Replaceable?	Because the image depicts a non-reproducible historic event, there is almost certainly no free equivalent. Any substitute that is not a derivative work would fail to convey the meaning intended, would tarnish or misrepresent its image, or would fail its purpose of identification or commentary.
Other information	Use of the historic image in the article complies with Wikipedia non-free content policy and fair use under United States copyright law as described above. The image meets general Wikipedia content requirements and is encyclopaedic.

File history

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	Date/Time	Dimensions	User	Comment
current	23:43, 3 January 2007	235×513 (66 KB)	MadMax (Talk \| contribs)	(a news photo of New York mobster Louis Cohen as appearing in his Find-A-Grave entry (''see'' [http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=8825]). I believe the photo, taken prior to 1923, falls under fair use as a historically significan)