263:" The suggestion therefore that the US Copyright law might have more extensive fair use provisions than Australian law seems to be a furphy. However, as I already noted above, it is believed that fair use may apply to news reporting and by extension to a wikipdia article on the flag, or as suggested by Snottygobble, on an article about Harold Thomas. It does not extend to use beyond that. At the moment it appears in 30 articles, partly because of its use in the
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431:"The encyclopedic rationale for including a logo is similar to the rationale for including portraits.... The logo should be regarded as the corporate portrait. However, unlike people, where it is often possible to take a free photograph of that person, corporate logos are typically always protected by copyright and/or trademark"
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produced by the Awards and
Symbols branch of the Dept of Prime Minister and Cabinet (2nd edn 1998) is explicit that the flag is copyright and may only be reproduced with the permission of Mr Thomas. I believe that means no legislation would override. I will try to take a picture of the flag flying.
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The material should only be used in the article namespace. They should never be used on templates (including stub templates and navigation boxes) or on user pages. They should be linked, not inlined, from talk pages when they are the topic of discussion. Because "fair use" material is not copyright
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or with the permission of Mr Thomas. On what basis are you proposing to violate that individual's ownership and breach copyright when it has been explicitly stated to be copyright? Your interpretation of the flag as an "other" flag of
Australia would give many people apoplexy and would not please
644:
Australian law has no relevance to
Knowledge (XXG). It's black and red with a yellow circle - we should have no concerns of copyright, if the image has been independently constructed, whatever any IP trolls may claim. This image was created by Jordie Bodlay, and the status is whatever this person
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Yes it does. There is a treaty between the US and Aust and your reproducing the full mark. Knowledge (XXG) remains in violation of copyright and by attempting to relicence it as a GPL type image might actually be venturing into defation of copyright territory that may well have much more serious
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I do not support the comments above by User:Fosnez. If we want to refer to emblem rather than flag, and it is the emblem that is the copyrighted image, it is by the same token the emblem that is the subject of this image on wikipedia. The addition of this image to various articles (now back on
282:; I agree that it's use there was not fair. I didn't follow the logic of your argument re: US "fair use" v Australian "fair dealing", but I guess there's no point pursuing it since (a) we seem to generally agree on what constitutes fair use; and (b) there are comprehensive guidelines at
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the
Aboriginal land rights movement either who are unlikely to want their symbols appropriated. There is only one national flag and that flag is defined in the Flags Act. Other flags are recognised by the act. Note that Thomas took the issue to court to assert his copyright in
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says the
Australian national flag may be used for commercial purposes without formal permission subject to guidelines, and gives contact info for clarification. Is Knowledge (XXG) to be prevented from using this flag image because we are
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141:
The
Australian Aboriginal Flag is protected under copyright and may be reproduced only in accordance with the provisions of the Copyright Act 1968 or with the permission of Harold Thomas. Contact details for Mr Thomas are:
454:, is enough. Not to mention, a flag is obviously not a work of art or a logo - I mean you could consider it a work of art, but above all, it's a flag. To mark it as a work of art would be misleading.
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is beyond the fair use guidleines. This design was the subject of a court case, we are not talking arbitrary thinking on copyright. If you want to challenge the guidelines, don't do it here but at
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Although the Flag does not specifically represent a "Team or
Corporation" it is a copyrighted work that represents a group, so I believe it is covered by this "blanket" as well. Specifically:
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I think we should read up on the Flags act, perhaps there is a provision there we can use, but after that... I think we need to write and ask... and I think the odds of agreement will be low.
207:. It has been suggested that "You may not need direct permission to reproduce the flag if reporting news. Such use would come under the fair use provisions of the Copyright Act 1968 (Cth)."
261:
An expeditious process that allows for copyright owners to engage with
Internet Service Providers and subscribers to deal with allegedly infringing copyright material on the Internet.
491:. The guidelines are explicit also that the use must be justified on the image page, not the talk page. Given the lack of fair use justification on the image page for other than
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267:. It probably needs to be removed from the template and any other articles. The image certainly needs to be removed from Commons which does not include fair use images.--
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There are a few blanket categories of copyrighted images whose use on
Knowledge (XXG) has been generally approved as likely being fair use when done in good faith.
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provisions than
Australia does. Under U.S. fair use provisions, it would be entirely appropriate for Knowledge (XXG) to use this image to illustrate the article
194:
As mentioned above, an Australian government publication says the flag is copyrighted to an individual and may only be reproduced within the provisions of the
343:...it is completely mind-boggling that Australia would grant official status to a flag whose copyright remains in private hands. Are they out of their minds?
521:
I appreciate this is a redundant image, I am cincerned this talk would be lost though. Should it be moved to be associateed with the .svg image talk page?--
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Although the "threshold of originality" for works to be copyrightable varies from place to place, I would be extremely surprised if any jursidiction found
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Just a heads up, the australian government has on-sold the copyright of the flag to Carrol&Richardson. So may not be in the public domain any longer.
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240:, for the purpose of illustrating an example of his work. In general, it would not be fair use to use it anywhere else. I will update the image page.
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infringement on Knowledge (XXG) only when used for strictly encyclopedic reasons, their use in other contexts is likely copyright infringement.
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416:"Paintings and other works of visual art. For critical commentary, including images illustrative of a particular technique or school."
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This flag was proclaimed as a flag of Australia. I interpret this to mean it has the same status as the "other" flag of Australia.
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In 1995, the Australian Government proclaimed the flag as an official 'Flag of Australia' under section 5 of the
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473:(Wiktionary). My point is that its not the flag that is copyrighted, but the emblem (read: logo) ON the flag.
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In the meantime, I believe this image should be deleted. We can use a current picture of the tent embassy.--
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The signing of the free trade agreement covers the harmonisation of US and Australian copyright law. See
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AS I type, this flag is being used on three pages in user space, several galleries and lists, and
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For commercial use, special permission would need to be sought from the copyright owners.
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http://www.dfat.gov.au/trade/negotiations/us_fta/outcomes/08_intellectual_property.html
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a piece of cloth, often decorated with an emblem, used as a visual signal or symbol.
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There is already sufficient explanation on the image description page. The use of {{
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In 1997, Harold Thomas was recognised as the author of the artistic work under the
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Image:Australian_aboriginal_flag.png#Fair use for Australian_Aboriginal_flag
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Any views as to how the template might best be altered? See discussion at
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Knowledge (XXG) orphaned talk pages that should not be speedily deleted
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The court case on copyright followed the granting of official status!--
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think this flag is PD. I have not seen anything anywhere that says so.
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The Australian Federal Court found the design to be copyrighted. See
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As I have said many times before, Knowledge (XXG) is subject to
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That means us, since the GDFL doesn't prohibit commercial use.
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Ok, here is my argument for keeping this flag for fair use:
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was not copyrightable. It is a significantly complex work.
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would be OK with this image. That is what was decided with
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If you believe it should be deleted, please nominate it on
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How can such a simple work be copyrighted? I thought that
312:. It is an Australian flag. However, the guidelines at
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The flag could be placed in either of these catagories:
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as it has been asserted to be useful to Knowledge (XXG).
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http://www.copyright.org.au/pdf/acc/articles/A97n07.pdf
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http://www.itsanhonour.gov.au/flag/commercial_use.html
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It seems a shame that he image cannot be used on the
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which states that the advantages of the FTA include "
550:- none of which have a fair use justification here.
418:because it was originally used as "artwork" at the
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370:Well, why don't they just revoke official status?
145:Mr Harold Thomas PO Box 41807 Casuarina NT 0810
228:. U.S. copyright law has much more permissive
427:"Team and corporate logos. For identification"
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548:2008 Australian Football International Cup
385:It is completely mind-boggling, yes. :)
75:Knowledge (XXG):Miscellany for deletion
422:(It was not an official flag then).
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30:on 2015 November 10. The result of
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339:For what it's worth...
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607:talk (ca)
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160:The book
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709:Category
664:unsigned
583:PD-shape
579:or even
433:- From
425:Or as a
230:fair use
693:Nford24
280:Noongar
60:subpage
475:Fosnez
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224:, not
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85:Not PD
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Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
