You could ask the uploader about it, or you could decide that the image is {{fairuse}} following the guidelines at http://en.wikipedia.org/wiki/Image_description_page#Fair_use_rationale.
Angela.
The {{fairuse}} message currently says: "The individual who uploaded this work and first used it in an article, and subsequent persons who place it into articles, assert that this qualifies as fair use ..." As that is something impossible for a third party to determine, this message should be changed. Personally I use {{fairusein}}, which says: "This work is copyrighted. The person who added this tag asserts that the use of this work in {{{1}}} qualified as fair use of the material under United States copyright law."
Anthony
Added to http://en.wikipedia.org/wiki/Wikipedia:Template_messages#Image_description_n amespace
-- Chris Wood