File:George Sydney Smith, The Air Gunner, 1942.jpg

Media data and Non-free use rationale

Description	George Sydney Smith, the Air Gunner, 1942 (oil on canvas), a portrait by Evan Macdonald of Guelph. This is a photograph of a painting of a student at the Royal Canadian Force No. 4 Wireless School Guelph, Ontario, Canada. Flying Officer Wireless Operator/Air Gunner F/O W.Op./Air.Gnr. George Sydney Smith, J/90948. The painting was made in 1942 when Mr. Smith was 19 years old. Mr. Smith died in service with No. 14 Squadron Royal Air Force on 19 April 1945 and is buried in Brookwood Military Cemetery, United Kingdom. Mr. Smith was from Toronto. Evan Macdonald painted this picture in his apartment in Guelph in early 1942. The original composition included wartime propaganda pictures in the background, but during the course of the sittings these were dropped.[1] Evan Macdonald's portrait "commemorates the thousands of young men trained here at the RCAF Wireless School".[2]
Author or copyright owner	Original work: Mr. Evan Macdonald Depiction: Macdonald Stewart Art Centre
Source (WP:NFCC#4)	n.a.
Date of publication	Original work: 1942 Depiction: 2008
Use in article (WP:NFCC#7)	RCAF Station Guelph
Purpose of use in article (WP:NFCC#8)	To support encyclopedic discussion of the wireless students in this article. The illustration is specifically needed to support the following point(s): Volunteer airmen of the Royal Canadian Air Force
Not replaceable with free media because (WP:NFCC#1)	The painting is not currently on public display so it is not possible to take a "free" photo of it.
Minimal use (WP:NFCC#3)	The article is illustrated with photographs. The painting in question, the artist Mr. Macdonald, and the subject of the painting, Flying Officer George Sydney Smith are all unique to No. 4 Wireless School The only use of this photo will be in the section "The students and their service" which describes the airmen and their duties.
Respect for commercial opportunities (WP:NFCC#2)	n.a.
Other information	The image was created and published by the same author who also holds the rights to the original object, and no alternative depiction could be suitably created. In addition to the non-free use assertion shown on this page, the copyright holder has granted permission for this image to be used in Wikipedia. This permission does not extend to third parties. This tag must be used in conjunction with another non-free use image tag. If no other tag is present on this page, and this image was uploaded after May 19, 2005, please speedily delete this image or tag it with {{db-f3}}. To the uploader: Please add a detailed non-free use rationale for each use, as well as the source of the work and copyright information. Since the painting is not currently on public display the Macdonald Stewart Art Centre has kindly granted the uploader permission to use this photograph. The copyright holder of this picture is the Macdonald Stewart Art Centre, Guelph, Ontario, Canada.
Fair useFair use of copyrighted material in the context of RCAF Station Guelph//en.wikipedia.org/wiki/File:George_Sydney_Smith,_The_Air_Gunner,_1942.jpgtrue

This is the credit specified by the Macdonald Stewart Art Centre:
Evan Macdonald
George Sydney Smith, the Air Gunner, 1942 (oil on canvas)
Gift of the Members of the 1944-45 Short Course, Wireless School, R. C. A. F., Guelph, 1945
44 x 34 inches, 111.8 x 86.4 cm University of Guelph Collection at the Macdonald Stewart Art Centre

This image is a faithful digitisation of a unique historic image, and the copyright for it is most likely held by the person who created the image or the agency employing the person. It is believed that the use of this image may qualify as non-free use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information. Please remember that the non-free content criteria require that non-free images on Wikipedia must not "[be] used in a manner that is likely to replace the original market role of the original copyrighted media." Use of historic images from press agencies must only be of a transformative nature, when the image itself is the subject of commentary rather than the event it depicts (which is the original market role, and is not allowed per policy). Fair use //en.wikipedia.org/wiki/File:George_Sydney_Smith,_The_Air_Gunner,_1942.jpg true

If this tag does not accurately describe this image, please replace it with an appropriate one. Fair use true

Though this image is subject to copyright, its use is covered by the U.S. fair use laws, and the stricter requirements of Wikipedia's non-free content policies, because:

1. It is a photo of a historically significant contemporary painting of an actual student at RCAF No. 4 Wireless School.
2. The painting was made by the noted Guelph artist Mr. Evan Macdonald in 1942.
3. Mr. Macdonald recorded many historically significant events in Guelph through his paintings.
4. The painting is in storage so it is not possible to take a "free photo".
5. The photo is only being used for informational and educational purposes.
6. Its inclusion in the article adds significantly to the article because the subject of the painting and its historical significance are the object of discussion in the article.