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Shorpy actually has a usage policy at http://www.shorpy.com/node/8399

Where a policy like this seems to enter a grey area is the definition of non-commercial. If your website which uses a Shorpy image contains advertising are you non-commercial? What about this website which contains a link to "Subscribe to LensWork"? It would probably be safer legally to get the photo directly from the Library of Congress website, if it is available. Disclaimer: I am no lawyer but I sure don't want to have to hire one!

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