File:Daniel J. Malarkey, Oregon State Senator, 1913.jpg

Immediate source: https://staff.digitalcollections.ohs.org/dan-malarkey-2

The subject of the photograph has been deceased since 1939. Fair use rationale for using photograph of Daniel J. Malarkey in a biographical article specifically about him--though this image may be subject to copyright, its use is covered by the U.S. "Fair Use" laws and the Wikipedia non-free content policies, because: 1) It is a photograph of a prominent individual who was a state legislator for many years 2) The photograph is lower resolution so copies made from it will be of less quality. 3) The photo is only being used for informational purposes to identify the subject of a biographical article specifically about Daniel J. Malarkey. 4) Its inclusion in the article adds significantly to the article because the photograph visually identifies the individual featured in the article. 5) No other photograph is available and new photographs cannot be made since the individual shown in the photograph died in 1939