Image:Justice Robert Marsden Hope.jpg

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Justice_Robert_Marsden_Hope.jpg‎ (150 × 194 pixels, file size: 9 KB, MIME type: image/jpeg)

[edit] Summary

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. The permission letter from NSW Attorney General's Department to User:Akitora is reproduced in text at User:Akitora/Copyright/Robert Marsden Hope JPEG. A copy of the original is available on request.

[edit] Fair use in Robert Marsden Hope

The image linked here is claimed to be used under fair use as:

1. There are no copyleft alternatives of such a photo;
2. The image used is of a ceremonial and not a commercial value;
3. The article is greatly improved by the prominence of this photo;
4. it is a historically significant photo of the an Australian Justice;
5. it is the only image available of the man at this age close-up, no free-use can be found for it
6. it is low resolution (copies made from it will be of very inferior quality)
7. the photo is only being used for educational purposes on a non-for-profit encyclopædia
8. there is no monetary value
9. Its inclusion in the article adds significantly to the article because the photo and its historical significance are the object of discussion in the article.

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 "Robert Marsden Hope" : 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.

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