Image:Aust SOC.jpg

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[edit] Summary

Australian Department of Defence JPAU02MAY03TR003

Sourced from: http://www.defence.gov.au/media/download/2003/may/050503.cfm

Caption: JPAU02MAY03TR003 Special Operations Command soldiers demonstrate their capabilities and equipment for both counter terrorism and war roles at Holworthy Barracks today (Date Taken: 02 MAY 2003)

Copyright: This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice and imagery metadata) for your personal, non-commercial use or use within your family or organisation. Apart from any use as permitted under the Copyright Act 1968 (for example, "fair dealing" for the purposes of reporting news under section 103B of the Copyright Act), all other rights are reserved. Requests for further authorisation should be directed to the Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General’s Department, Robert Garran Offices, National Circuit, Barton, ACT 2600, or posted online via www.ag.gov.au/cca

[edit] Licensing

This is a copyrighted image that has been released by a company or organization to promote their work or product in the media, such as advertising material or a promotional photo in a press kit. The copyright for it is most likely owned by the company who created the promotional item or the artist who produced the item in question; you must provide evidence of such ownership. Lack of such evidence is grounds for deletion. It is believed that the use of some images of promotional material to illustrate: the person(s), product, event, or subject in question where the image is unrepeatable, i.e. a free image could not be created to replace it on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation, qualifies as fair use under United States copyright law. Any other usage of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Publicity photos. Additionally, the copyright holder may have granted permission for use in works such as Wikipedia. However, if they have, this permission likely does not fall under a free license. Please note that our policy usually considers fair use images of living people that merely show what they look like to be replaceable by free-licensed images and unsuitable for the project. If this is not the case for this image, a rationale should be provided proving that the image provides information beyond simple identification or showing that this image is difficult to replace by a free-licensed equivalent. Commercial third-party reusers of this image should consider whether their use is in violation of the subject's publicity rights.

[edit] Fair use / fair dealing rationale

This image was released by the Australian Department of Defence as part of a media release informing the media and public about the establishment of the Australian Defence Force's Special Operations Command in 2003. I believe that the use of this image in the article Special Operations Command (Australia), with the Department of Defence being clearly identified as the image's source, on a non-commercial online encyclopaedia such as Wikipedia qualifies for 'fair dealing' status under Australian law and the relevant copyright notice (reproduced above) as it is relevant to studying and researching the capabilities of the Australian military and is an image which was released by the Department of Defence in order to inform the public and for use by the media. As the photo depicts serving members of Australian special forces units in their full uniform and with full equipment it is not possible to find a free alternative. A higher resolution version of the image is available at the source link provided above.

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