File:Sir Henry Birchenough.jpg

Media data and Non-free use rationale

Description	Sir Henry Birchenough, 1st Bt, by Walter Stoneman, 1937 Henry Birchenough
Author or copyright owner	Walter Stoneman
Source (WP:NFCC#4)	Original publication: First taken in 1937, but not known where first published Immediate source: https://www.npg.org.uk/collections/search/portrait/mw110678/Sir-Henry-Birchenough-1st-Bt?LinkID=mp79920&search=sas&sText=sir+henry+birchenough&role=sit&rNo=1
Use in article (WP:NFCC#7)	Henry Birchenough
Purpose of use in article (WP:NFCC#8)	for visual identification of the person in question, at the top of his/her biographical article
Not replaceable with free media because (WP:NFCC#1)	Have searched widely but none was found.
Minimal use (WP:NFCC#3)	Only to illustrate the Wikipedia article about the sitter
Respect for commercial opportunities (WP:NFCC#2)	Portrait is property o National Portrait Gallery, who do not intend to commercialise it.
Other information	The subject of the photograph has been deceased since: 12 May 1937 This work is protected by the British Crown copyright. Limitations on its distribution are defined at the original site of publication, and are not altered by its reproduction here. Those terms may include, but may not be limited to, its reproduction being accurate, free of charge in any format or medium, and not used in a misleading context. The source of the material must be identified and the copyright status acknowledged. HMSO has explicitly stated in official correspondence that material under Crown Copyright may not be relicensed under the GNU Free Documentation Licence. Thus, this is a non-free licence for the purpose of Wikipedia, as modification is not permitted. However, it is believed that the use of this work: To illustrate the object 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, qualifies as fair 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. Fair use //en.wikipedia.org/wiki/File:Sir_Henry_Birchenough.jpg true To the uploader: Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information. For example non-free use rationales, see Wikipedia:Use rationale examples. This tag should only be used for Crown copyright images. Do not use it for images by others. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template. Fair use true
Fair useFair use of copyrighted material in the context of Henry Birchenough//en.wikipedia.org/wiki/File:Sir_Henry_Birchenough.jpgtrue

Though this image is subject to copyright, its use is covered by the U.S. fair use laws, and the stricter requirements of Wikipedia's non-free content policies, because:

1. It is an historically significant photo of a famous individual, taken for the National Portrait Gallery by English portrait photographer Walter Ernest Stoneman MBE FRGS FRPS.
2. It is of much lower resolution than the original. Copies made from it will be of very inferior quality.
3. The photo is only being used for informational purposes.
4. Its inclusion in the article adds to it because the article is long, and potentially dry, without this photo to illustrate it. The image is historical significance and portrays the object of discussion in the article.

Jgdc47B (talk) 17:34, 28 March 2020 (UTC)