Photo being used under a claim of fair use of a prolific American author who wrote numerous books between 1899 and his death in 1944 We certainly have a reasonable expectation that there is a public domain photo of him out there Heck this one might be public domain You could try emailing the blogger where you found the image rather than just uploading it and slapping a fair use tag on it He might be able to tell you where it is originally from Surely at some point his picture was published prior to 1923 or any time in a publication whose copyright was not renewed We have a reasonable expectation of receiving a public domain image and so using this one is impermissible