Image is not in public domain, and its taken from a copyrighted source, 60 years required for the image to enter in the public domain. Non-Free use for this image can only be applicable where it meets 8 rules of wiki. --Kalarickan (talk) 10:26, 14 September 2010 (UTC)
Image cannot be used as it doesn't come under the 8 rules of wiki, Free content may be available somewhere outside, we dont know. Only a dead persons picture can be published if it complies with the indian copyright act. if it is not all can upload anybody's image in Non-free category (May be a low res). I prefer this questions should ask to a wikiexpert for photograph..--Kalarickan (talk) 10:57, 14 September 2010 (UTC)
origin of the image & the personnels nationality is not USA. The image should be deleted as it violates the copyright. Or it can be kept by keeping the transfer of copyright from the sourced website to the original uploader...--Kalarickan (talk) 20:49, 14 September 2010 (UTC)
All are going to benefit wikipedia, but still there is chance in India to file a case against wiki, If the images are coming on wiki without getting the approval from the publisher/photographer. As the published image didn't tell that it can be ued in a fair-use agreement. Any way i am going to upload some important photographs under Fair use. Kalarickan (talk) 16:12, 15 September 2010 (UTC)
I'm responding here at the request of Kalarickan. The use of this image here meets both the conventional interpretation (on Wikipedia) of legal fair use of copyrighted images and is a fairly common type of use of a non free image (photo of a deceased person) to illustrate articles. That said I am concerned that it fails two of the non-free content criteria. #2 in that this appears to be a press image that may be used in violation of WP:NFCC#2. The other concern is that she is a widely photographed person and I can see no evidence that a diligent quest to obtain a free image has been conducted. Just because someone has died does not prevent the finding nor creating of free image - It is arguable that this image fails WP:NFCC#1 - Peripitus (Talk) 23:19, 18 September 2010 (UTC)
I think, there is still confusion, but i have a question. As per Indian laws (copyright) this image will not win on the fair-use conditions, and anyone can put a case against wiki...We all should investigate properly and close/hide this image till it resolves..--Kalarickan (talk) 05:25, 19 September 2010 (UTC)
I cannot agree on that, as wikipedia is respecting and following many countries laws (eg: Public domain in india, political peoples images etc). For keeping an image we cannot say that the law didnt cover wikipedia..--Kalarickan (talk) 14:41, 26 September 2010 (UTC)
This is a quite complex issue and cannot be resolved as some part of wikilaws allows it and some part discourage the use, Untill such copyright claim arrive here, this image can be kept...--Kalarickan (talk) 09:32, 2 October 2010 (UTC)