File:Ivan Toms 1989.jpg

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Summary

Media data and Non-free use rationale
Description	Photograph of South African physician and activist Ivan Toms (died 2008)
Author or copyright owner	Unknown
Source (WP:NFCC#4)	Julia Nicol Collection/GALA Queer Archive
Date of publication	1989
Use in article (WP:NFCC#7)	Ivan Toms
Purpose of use in article (WP:NFCC#8)	For visual identification of the person in question.
Not replaceable with free media because (WP:NFCC#1)	The subject is deceased, and there are no freely-licensed alternatives available. Therefore the creation of a free image is impossible.
Minimal use (WP:NFCC#3)	The low-resolution copy of the image is only used once to visually identify the subject.
Respect for commercial opportunities (WP:NFCC#2)	The use of a low-resolution image of the image will not impact the commercial viability of the image.
Other information	The subject of the photograph has been deceased since 2008. The file has been cropped and reduced in size. The use of this image on Wikipedia is contended to be fair use, since it is used solely for educational purposes in a not-for-profit encyclopedia, is necessary for cultural and historical purposes, and the material value of the possible copyright is not believed to be lessened by its use here It is believed that the use of this image on the English-language Wikipedia to illustrate an article on the person in question falls under the "Non-profit educational" clause of the Fair Use doctrine currently upheld by United States law. (17 U.S.C. § 107) It is a low-resolution copy It is only being used to illustrate the article in question The image is irreplaceable; a free analogue is impossible to produce as the original will be covered by copyright for the foreseeable future Owing to the limited web-resolution of the image, only a small portion of a copyrighted work is used It does not limit the copyright owner's rights to sell the image in any way For the same reasons, the portion of the copyrighted work used is of inherently lower quality than the original, reducing the risk of competitiveness and therefore the effects of this copy on the market for or value of versions held by the owner of the copyright
Fair useFair use of copyrighted material in the context of Ivan Toms//en.wikipedia.org/wiki/File:Ivan_Toms_1989.jpgtrue

Licensing

This photograph is copyrighted and is NOT under a free license. However, it is believed that the use of this work in the article "Ivan Toms":

to provide visual identification of one or more specific individual(s), or an identifiable gathering of them,
where the individual(s) concerned are deceased, or where access would for practical purposes be impossible,
and for whom there is no known representation under a 'free' license,
on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

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.
Fair use

File history

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	Date/Time	Thumbnail	Dimensions	User	Comment
current	00:20, 16 April 2023		300 × 300 (21 KB)	Gobonobo (talk \| contribs)	{{Non-free use rationale 2 \| Description = Photograph of South African physician and activist Ivan Toms (died 2008) \| Source = [https://theconversation.com/simon-nkolis-fight-for-queer-rights-in-south-africa-is-finally-being-celebrated-24-years-after-he-died-194741 Julia Nicol Collection/GALA Queer Archive] \| Date = 1989 \| Author = Unknown \| Article = Ivan Toms \| Purpose = For visual identification of the person in question. \| Repla...

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File usage

The following page uses this file:

Ivan Toms