Sorry Ros, Yes way I can load the photo taken by RJ Horace to WT and essentially not break any laws if I do so in the United States. This is all done under the Doctrine of Fair Use.
If I copy his gravestone photo from Find A Grave, he does have a copyright to the photo. However, here he has it exposed it to the public on a free site where he receives no monies for producing and posting said photo. His interest in the photo is informative and educational of the general public.
I copy said photo and upload to a Profile on WikiTree. I receive no monies for my works on WikiTree (a free site as well) or from the use of said photo and my reason for posting the photo is informative and educational to the general public. As long as I give RJ his due as the creator and source of the photo and where I obtained it, I have not really broken the Copyright Laws of the US. If I used it in a book or article where I received payment or expect payment, then yes, I have totally infringed on his copyright.
The onus of copyright infringement is upon the holder of the copyright. RJ, as the copyright holder, is withing his rights to contact me and ask to cease and desist my use of his photo or he shall see me in a Court of Law in the jurisdictional area of where said malfeasance has occurred. I have every right to respond in court that under the Fair Use Doctrine I have not caused any undo harm to the copyright holder nor injured their pecuniary interest in said photo, of which there is none in this case. Nor caused any harm to the intent and usage of the copyright holder. I would mostly likely win this case in an American Court
I, however, would not care to spend the monies required in a legal confrontation and would therefore remove said offending photo from WikiTree thus giving RJ his personal satisfaction and again, this is only in the Untied States and it's territories.
If the photo had been taken with an expectation of remuneration, say for a magazine or book, then RJ would have a stronger case and I would more than like lose in a Court of Law. But, it is still up to RJ to discover I have used the photo and has contacted me to cease and desist. Until that time, my use of a photo like that is in legal limbo. Only he or his agents have the right to stop my usage.
Furthermore, if someone on WikiTree contacted me, and was not he or his agent, and told me to remove the photo, I would be under no obligation to remove the photo. This is for either example of the photo. They would need to contact RJ and inform him of any possible infringement of copyright.
And once more, this is only for actions taken in the United States or it's Territories.