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- It is believed that the use of this image on the English-language Wikipedia to illustrate a section of the article on the person depicted falls under the "Non-profit educational" clause of the Fair Use doctrine currently upheld by United States law. (17 U.S.C. § 107)
- It is unlikely that a freely-licensed image suitable for illustrating the section of the article describing the subject's arrest and incarceration will be found, owing to the nature of the section (unlikely that there are any freely-licensed images taken during this period). As such, the photograph can be reasonably described as "irreplacable".
- Owing to the limited web-resolution of the image, only a small portion of a copyrighted work is used.
- For the same reasons, the portion of the copyrighted work used is of inherently lower quality than the original, reducing the risk of competitiveness and therefore the effects of this copy on the market for or value of versions held by the owner of the copyright.
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