Image:Bdarst5.jpg

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Historian Betty Darst and the public exhibit honoring Harry Toulmin, Sr. - the patent attorney for the Wright Brothers.

The original image is from an AVWeb web page cached by Zoom Information Inc and located at [1].

[edit] Licensing

This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the article "Harry Aubrey Toulmin, Sr." :

To illustrate the subject 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 ([2]),

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.

To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

The nature of the copyrighted work is an image. The purpose and character of the use of the present image is for nonprofit educational purposes. The amount and substantiality of the portion used in relation to the copyrighted work as a whole is about 21%, and the use will have no effect upon the potential market for or value of the copyrighted work.

The above rationale fails to explain why this image is permitted to be used in the article according to our fair use criteria, specifically point 3: "The amount of copyrighted work used should be as little as possible." and point 8: "The material must contribute significantly to the article (e.g. identify the subject of an article, or specifically illustrate relevant points or sections within the text) and must not serve a purely decorative purpose." - The subject in this photo is not mentioned elsewhere in the article.

[edit] Fair use for Harry Aubrey Toulmin, Sr.

The image linked here is claimed to be used under fair use as:

it is a historically significant photo of numerous artifacts of famous individual Harry Aubrey Toulmin, Sr.;
it is of much lower resolution than the original (copies made from it will be of very inferior quality)
the photo is only being used for informational purposes.
Its inclusion in the article adds significantly to the article because it shows how history sees Harry Aubrey Toulmin, Sr., the subject of the article, as a pioneer patent lawyer whose photos and letters are prized by historians and received by the general public.

The AVWeb web page is the copyrighted work and the above photo is only a small percentage of the webpage, thus the amount used is as little as possible. The subject in the above photo, Harry Aubrey Toulmin, Sr., his images, and his papers and property, are mentioned throughout the article and the image captures through a smiling, proud historian, how history views Harry Aubrey Toulmin, Sr., a point made in the article.