File:James Edwin Horton.jpg

Author unknown. Found at http://www.law.umkc.edu/faculty/projects/ftrials/trialheroes/HORTON.jpg.

Though this image is subject to copyright, I feel its use is covered by the U.S. fair use laws because:

1. It is a photograph of a historical figure who was a judge in a public court (Eighth Circuit Court, Alabama).
2. It is of a low resolution and is in odd shadowing.
3. The photo is being used for identification, esp. with the important (to the article) claim that Judge James Edwin Horton bears a resemblance to Abraham Lincoln.
4. Its inclusion in the article adds to the claim, as above, of similarity to Abraham Lincoln, as well as adding identification to a name.

The license would be fair-use for a person who is dead.

A front-on (not a proper term, but I'm not a photographer) photo of Judge James Edwin Horton, taken with a black-and-white camera. Only the upper-third of Horton's body is visible, and he is holding a cigar of unknown brand in his right hand. He appears to be in a suit with a tie and is missing the horn-rimmed glasses he occasionally wore.

This image is a faithful digitisation of a unique historic image, and the copyright for it is most likely held by the person who created the image or the agency employing the person. It is believed that the use of this image may qualify as non-free use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information. Please remember that the non-free content criteria require that non-free images on Wikipedia must not "[be] used in a manner that is likely to replace the original market role of the original copyrighted media." Use of historic images from press agencies must only be of a transformative nature, when the image itself is the subject of commentary rather than the event it depicts (which is the original market role, and is not allowed per policy). Fair use //en.wikipedia.org/wiki/File:James_Edwin_Horton.jpg true

If this tag does not accurately describe this image, please replace it with an appropriate one. Fair use true