File talk:Isitt NEW ZEALAND 1945.jpg

Disclaimer query

The following was copied from User talk:Ooperhoofd ...

Re: Image:Isitt NEW ZEALAND 1945.jpg Thank you for uploading the image of AVM Isitt signing the Japanese instrument of surrender. However, I am concerned that it is not in public domain as the Australian War Memorial has placed restrictions on its use. Please would you clarify this. As I am sure you know, if the image is not public domain it cannot be hosted on the Commons. It might be possible to host it on the English Wikipedia under a claim of fair use. Thanks. Greenshed (talk) 21:29, 30 November 2008 (UTC)

Thanks for your response. Editors have been having a wider discussion at Template talk:PD-Australia. The problem with the Isitt image is that if it is the public domain, then the AWM cannot say:

"The AWM allows the use of images from its online database whose copyright has expired for non-commercial purposes only on the condition that the AWM's watermark is not removed. The Australian War Memorial (AVM), however, requires that the AWM watermark is not removed and that permission be sought for commercial use."

If it is public domain then it can be used for both commercial and non-commercial purposes and we can (and are encouraged to) remove the watermark. Greenshed (talk) 20:25, 2 December 2008 (UTC)

I don't have an immediate response at this point. I am not able to add more than has been discussed at

• en:Template:PD-Australia; and en:Template talk:PD-Australia
• en:Template:AWM-image; and en:Template talk:AWM-image

It seemly likely that the following is relevant:

• en:User:Nick-D/Australian War Memorial Email.

A quick review of the above suggests how I should re-word the description and licensing of this image; but I won't be able to get to it until tomorrow. --Ooperhoofd (talk) 17:23, 5 December 2008 (UTC)