Image:Johnanderson.jpg

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This photograph is from the Australian Parliamentary Handbook, and is held under Crown copyright by the Commonwealth of Australia. The responsible Commonwealth agency, AUSPIC, gave written permission on 2 August 2005 for this photograph to be used at Wikipedia (see following). The use of this image by Wikipedia is contended by Australian Wikipedians to be fair dealing in Australia and fair use in the United States. (Letter from AUSPIC to User:Adam Carr: "Dear Dr Carr, Approval is granted to reproduce images nominated below [photographs of Members, Senators and Governors-General appearing in current and past editions of the Parliamentary Handbook] on the Wikipedia website. Subsequent use by a third party will incur reproduction fees if that use is of a commercial nature. Copyright remains with AUSPIC. Peter West, Director, AUSPIC auspic@aph.gov.au)"

The Foundation's new licensing policy resolution puts an end to any suggestion that this matter (problems with image copyright for politicians such as this image) is amenable to further debate. Hesperian 04:33, 29 March 2007 (UTC) - who is an admin, as per discussion at http://en.wikipedia.org/wiki/Wikipedia_talk:WikiProject_Australian_politics#Leader_picture_copyright_issues

This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the article "John Anderson (Australian politician)" :

To illustrate the subject in question
Where no free equivalent is available or could be created that would adequately give the same information
On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation ([1]),

qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights.

To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

Australian fair dealing law (similar in many respects to fair use in the United States) permits the use of images for:

Research and Study
Review and Criticism
'Reporting the News'
Legal advice

Use of this image on Wikipedia qualifies in the preceding two of these categories. In addition, please view the fair use rationale below.

[edit] Fair Use

The image here is claimed to be fair use as it is:

A portrait of one of Australia's most famous politicians;
There are no copyleft alternatives of such a photo;
The image used is of low resolution;
The image used is of a ceremonial and not a commercial value;
The article is greatly improved by the prominence of this photo;
Which is hosted and displayed on the not-for-profit Wikipedia Encyclopedia for educational purposes.

File history

Click on a date/time to view the file as it appeared at that time.

	Date/Time	Dimensions	User	Comment
current	14:59, 6 April 2007	140×204 (9 KB)	Theworld2 (Talk \| contribs)	(This photograph is from the Australian Parliamentary Handbook, and is held under Crown copyright by the Commonwealth of Australia. The responsible Commonwealth agency, AUSPIC, gave written permission on 2 August 2005 for this photograph to be used at )