File:Thomas Hastings.jpg

This image is a faithful digitalization of Thomas Hastings, a historically significant photograph.

Derived from a digital capture (scan/photo), creator of this digital version is irrelevant as the copyright in all equivalent images is still held by the same party, namely James H. Smylie, as part of his book A Pictorial History in which it is one of many photographs appearing therein and thus comprises a minor portion in relation to the copyrighted work as a whole. The use of the subject photograph is unlikely to have a substantial effect upon the potential market for the book from which it is taken. Claimed as fair use regardless.

Thomas Hastings (composer)

The entire image is needed to identify the subject, properly convey the meaning and branding intended, and avoid tarnishing or misrepresenting the image.

The copy is of sufficient resolution for commentary and identification but lower resolution than the original. Copies made from it will be of inferior quality, unsuitable for uses that would compete with any commercial purpose of the photograph.

The image is used for identification in the context of critical commentary of the work for which it serves, namely the article on the subject depicted, Thomas Hastings (composer). It makes a significant contribution to the user's understanding of the article, which could not practically be conveyed by words alone. The image is placed at the beginning of the article discussing the work, to help the user quickly identify the work and know they have found what they are looking for. The image confirms to readers they have reached the correct article, and illustrates the intended branding message.

Because the image depicts a non-reproducible deceased subject, there is almost certainly no free equivalent. Any substitute that is not a derivative work would fail to convey the meaning intended, would tarnish or misrepresent its image, or would fail its purpose of identification or commentary.

Use of the historic image in the article complies with Wikipedia non-free content policy and fair use under United States copyright law as described above. The image meets general Wikipedia content requirements and is encyclopaedic.