Image:Capetownarms.jpg

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Capetownarms.jpg‎ (300 × 318 pixels, file size: 30 KB, MIME type: image/jpeg)

Originally uploaded from [1], however the Cape Town government's website has been moved and restructed, so the link is dead. However, as a work of the South African government, the image qualifies as fair use as it is historically important, contribues to the quality of the Cape Town article, and is over a hundred years old.

According to American and South African law, derivitive works are protected by copyright only when the new work is different from the original, as the court ruled in Bridgeman Art Library v. Corel Corporation.

The Bridgeman Art Library had made photographic reproductions of famous works of art from museums around the world (works already in the public domain.) The Corel Corporation used those reproductions for an educational CD-ROM without paying Bridgeman. Bridgeman claimed copyright infringement. The Court ruled that reproductions of images in the public domain are not protected by copyright if the reproductions are slavish or lacking in originality. In their opinion, the Court noted: "There is little doubt that many photographs, probably the overwhelming majority, reflect at least the modest amount of originality required for copyright protection.... But 'slavish copying', although doubtless requiring technical skill and effort, does not qualify." [2]

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 "Seal of Cape Town" : 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 ([3]), 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.

Fair use rationale: Old image very unlikely to have any monetary value. Its lack of current use adds to the informative value but it will be very difficult to find a replacement. Including an illustration adds significantly to the article about this insignia. Valentinian ^{(talk) / (contribs)} 22:00, 5 January 2007 (UTC)

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