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How do you determine if a photograph is fair use for a wikipedia article?
I'm wanting to post an undated photograph of Piest standing with his sister and an unknown man at an undisclosed event (https://i.pinimg.com/originals/9c/8b/b8/9c8bb8a2828a91316f79cad4572c181b.jpg), but I'm not certain if it is copyrighted. Various versions of the photograph have been used by a variety of blog posts, books I've read, and even the earlier iterations of Gacy's wikipedia article. Thus, I'm not at all certain on the image's original source, but my assumptions is that it might've been shared with by Piest family with the investigators.
As someone who knows next to nothing about Wikipedia's image policies, is that photograph permissible for this page? Randomuser335S (talk) 03:45, 16 May 2024 (UTC)[reply]
If the image is proven to have been published in the United States (verifiably) before March 1, 1989, without copyright notice, it should be fair use. There are at least three images of Robert Piest I have found online (incl. this one) which have been published in periodicals and which could be uploaded to the Commons with the app. license as they do not state the name of the author, the year, and the "copyright" symbol. (see here). I cannot find the image you refer to in a newspaper or magazine, though.--Kieronoldham (talk) 01:09, 6 September 2024 (UTC)[reply]
I just published the photo on this draft, as I'm not aware of it having any copyright notices.
Here are some webpages and articles that have used a variation of the photograph (though most of them are cropped to only the top halves of Piest and his sister):
