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Fair use is applicable at any time. On Wikipedia, we allow this when the person is dead. The subject here is dead and so fair use is allowed, especially as the image in question is quite historical in nature. Andrew🐉(talk) 20:37, 12 December 2019 (UTC)Reply
So Stephen, your rationale for removal was "too soon after death for a non-free image" the first time and "not fair use" the second time. Is this still supported by written policy? Or how soon is "too soon", exactly? Thanks. Martinevans123 (talk) 22:20, 12 December 2019 (UTC)Reply
The consensus is to wait 6 months, and use a non-free image after attempts have been made from family, agencies and other sources to source or release a free image. Stephen00:22, 13 December 2019 (UTC)Reply
No, the main way I obtain free images is to take photographs myself but this is no longer possible once the subject is dead. The other option is to search archives for images which out of copyright or CC. I have conducted such searches in this case, didn't find any, and this is adequate. Trying to contact members of a dead person's family would be offensive harassment contrary to WP:HNE. I have had a recent death in the family myself and would consider it quite suspicious if some unofficial stranger were to approach me out of the blue and try to persuade me to sign a legal agreement. A period of six months for such harassing activity would be quite arbitrary and is not based on any policy or legal requirement. There is no consensus that such behaviour is proper or required and I would expect explicit legal indemnity before doing so. If others want to do this at their own risk, that is up to them. Per WP:CHOICE, demands cannot be made that we engage in such risky, uncertain and laborious initiatives. Andrew🐉(talk) 22:53, 13 December 2019 (UTC)Reply
The policy for using non-free content suggests that pictures of deceased persons can be used, in articles about that person, “provided that ever obtaining a free close substitute is not reasonably likely”. Uploading an image on their death does not meet this condition, and six months has developed over multiple such discussions as a reasonable discovery period after the subject’s death. I’ll link the most recent when I’m off mobile. Stephen07:41, 14 December 2019 (UTC)Reply
The time of death is the reasonable cutoff for this. That's because the possibility of "taking a new free picture as a replacement" is no longer there. A six month extension is arbitrary and illogical and does not appear in the WP:NFC guideline. As the guideline supports use of an NF image in this case and the topic is in the news now, we should use the historical image which best represents the subject's notability. Andrew🐉(talk) 12:22, 15 December 2019 (UTC)Reply
Comment I do not believe there is any guide or policy related to a (6 month wait after death) to use a non-free image - if there is an RFC or some other policy I am not aware. Additionally this is a historic photograph with no commercial value attached. The creator nor anyone else is harmed by the use of the photo. Lightburst (talk) 14:23, 15 December 2019 (UTC)Reply