Image:Ernestmartinmurderer.png

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Ernestmartinmurderer.png‎ (144 × 144 pixels, file size: 19 KB, MIME type: image/png)

This image is a booking photo, more commonly known as a mug shot, normally produced in the regular operations of a law enforcement agency or correctional facility. It is believed that the use of this photograph

to illustrate the booking consistent with non-free content criteria,
where no free alternative exists or could be created,
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. Other use of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content.

To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Image description page, as well as the source of the work.

Source:http://www.drc.state.oh.us/web/Executed/executed25.htm

[edit] Fair Use Rationale

NFCC#1: No free equivalent. No alternative to this photo exists or could be taken. This photo is the official record of this man's arrest and is used in the article describing his crimes and subsequent execution. As he will never be arrested again, no other mug shot of him will ever be taken. No known free photo of him exists. It is impossible to take a new free photo for he is dead.
NFCC#2: Respect for commercial opportunities. The state of Ohio does not sell mug shots, so our distribution of this photo does not compete commercially with the original use. Furthermore, Ohio courts, in State ex rel. Rea v. Ohio Dep't of Educ., 81 Ohio St. 3d 527 recognize that the fair use doctrine allows for the reproduction of state records in accord with federal fair use doctrine.
NFCC#3: (a) Minimal use. The picture is used as is. Anything smaller would not serve to identify the subject. (b) Resolution/fidelity. The image is web-resolution.
NFCC#4: Previous publication. Image was taken from state of Ohio's list of executions website.
NFCC#5: Content. This image is encyclopedic for use in the article Ernest Martin (murderer).
NFCC#6: Media-specific policy. The source of this image is properly attributed to the state of Ohio and otherwise complies with WP:IUP.
NFCC#7: One-article minimum. Ernest Martin (murderer).
NFCC#8: Significance. This article aids in the memory of Ernest Martin. Words alone can never convey the image of an executed man as a human being. Indeed, the words alone may leave the reader with a view that the murderer is not a human being and not worthy of sympathy. The picture reminds us that Ernest Martin was a human being like the rest of us.
- NFCC#8, more prosaically: a portrait of a person in the article about that person is almost always interpreted as passing NFCC#8. – Quadell ^{(talk) (random)} 22:41, 9 July 2007 (UTC)
NFCC#9: Restrictions on location. Image should only be used in Ernest Martin (murderer) or other appropriate (as yet unwritten) articles, and never outside articlespace.
NFCC#10: Image is sourced, appropriate fair use tag is on page, and articles it is in are mentioned and a fair use rationale is written.

File history

Click on a date/time to view the file as it appeared at that time.

	Date/Time	Dimensions	User	Comment
current	14:45, 8 September 2006	144×144 (19 KB)	Marklemagne (Talk \| contribs)	({{mugshot}} Ohio Department of Rehabilitation and Corrections Qualifies as fair use under Ohio law: State ex rel. Rea v. Ohio Dep't of Educ., 81 Ohio St. 3d 527 July 24, 1998, which stated that state public records may be used for certain purposes witho)