File talk:Greensboro Four, Feb 1960.jpg

Unjustified "fair use"?

The fair use rationale given for this image is "According to the source, the image is under fair use see: https://wikis.nyu.edu/ek6/modernamerica/index.php/Reform/TheCivilRightsMovement for information", but the link is currently broken. Looking at the March 2, 2012 archive.org capture of the page, I was unable to find any specific justification for the fair use defense of this particular image other than a note at the bottom of the references that reads "All images used under United States fair use." Ironically, the only justification the page author gives for claiming that their use of images constitute fair use is to link back to a Wikipedia article on fair use!

Given the statement on this very page that "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" and the clear citation of this image on the archived page as having come from "Greensboro Daily News, Jack Moebes", it sounds like some other justification than the one currently given is necessary for its continued use in this context. Dorm41baggins (talk) 17:50, 1 February 2020 (UTC)

Fair use is contextual. The same photo used in one context can be fair use, in another, not. in other words, the poster misunderstands fair use as a applying to the photo itself, rather than than the context in which the photo is used. typically press photos are used initially as news but if they are later used for a commercial use (unless a true case of parody) which can be a commercial fair use, their commercial use usually raises a rebuttable presumption against a fair use defense. 68.119.208.90 (talk) 23:55, 27 February 2024 (UTC)