User:Nick Dowling/Australian War Memorial Email
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In early January 2006 I corresponded with the Australian War Memorial asking about the copyright status of photos in their online collection database with a copyright status of 'clear'. The AWM's response appears below (for privacy reasons I've excluded my email address and the name and phone number of the AWM employee who responded to me - I'm happy to forward the email upon request).
The issue of the copyright status of pre-1955 images on the AWM's database has been discussed several times on Wikipedia. The consensus view is that the AWM's advice was not correct as Australian images taken or published prior to 1955-01-01 are now in the public domain and the AWM cannot enforce restrictions on how they are used. These images have a copyright status of 'clear' in the AWM's online database. Examples of these discussions include Template talk:PD-Australia, Image talk:Cowrapowcamp.jpg and Wikipedia:Images and media for deletion/2006 July 7. The issue was also discussed at Wikipedia:Possibly unfree images#June 19 where the images were ruled to be free.
Pre-1955 AWM images uploaded to Wikipedia can be tagged with {{AWM-image}} which places them in the category Category:Images from the Australian War Memorial
From : esales <esales @ awm.gov.au> Sent : Friday, 6 January 2006 1:14:02 AM To : <edited @ hotmail.com> Subject : Re: Fwd: Question about copyright status of items in the AWMonline collection database
Attachment : Neworderform_photos_art.doc (0.21 MB)
Dear Nick,
Thank you for your interest in the Memorial's collection. You are correct in saying that the image is out of copyright however the Memorial still retains the rights to this image if someone wishes to use this image commercially. The Memorial charges a user fee for the use of these images and this price varies depending on its use. In more cases then not the image on our website is not a high enough resolution for what they are wanting so they contact the Memorial for better copies. The costs for the Memorial to provide these images also differ depending on the format they are wanting.
There is nothing stopping someone going to the Memorial's website and taking the image and using it for a non profit venture if the image is good enough for what they are wanting. The Memorial only asks that you please keep the watermark on the image which has the image number attached. This is so anyone going to your website can identify the image as coming from the Australian War Memorial. This is part of the terms and conditions of using AWM images. I'm sure that the image on the AWM website is good enough quality but in the off chance that its not I am attaching an order form for you which has the prices, sizes and formats that we can provide.
If you have any other questions please don't hesitate to contact me at esales@awm.gov.au or [phone number removed for privacy reasons].
Yours sincerely
[AWM employee's name removed for privacy reasons]
eSales Unit Australian War Memorial GPO Box 345 Canberra ACT 2601 Tel +61.2.6243.4578 or +61.2.6243.4542 Fax +61.2.6243.4469 Email - esales@awm.gov.au - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Visit our Online Shop at www.awm.gov.au/shop for the latest military books. merchandise and photo sales.
>>> "Nick Dowling" < edited @ hotmail.com > 01/01/06 2:37 pm >>> Hi,
Is it possible to reproduce photos in the AWM's collection database taken during World War Two with a copyright status of 'clear' on www.wikipedia.org? (which is a not-for-profit website run for educational purposes)
For example, photo AWM 044829 (showing a German submarine under attack by an Australian aircraft in 1942) was taken over 50 years ago and its' record on the collection database states that its' copyright status is 'clear'. Is this photo (including the version which has been scanned into the database with the AWM's watermarks added) now out of copyright, or does the AWM or Commonwealth still retain rights?
regards, Nick Dowling
