This reproduction is permitted under the Australian Copyright Act, sections 65–68, which state (emphasis added): (65) (1) This section applies to sculptures and to works of artistic craftsmanship of the kind referred to in paragraph (c) of the definition of artistic work in section 10. (2) The copyright in a work to which this section applies that is situated, otherwise than temporarily, in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work or by the inclusion of the work in a cinematograph film or in a television broadcast. (66) The copyright in a building or a model of a building is not infringed by the making of a [reproduction]. (68) The copyright in an artistic work is not infringed by the publication of a [reproduction] if, by virtue of section 65, section 66 or section 67, the making of […] did not constitute an infringement of the copyright. This freedom applies to two-dimensional works only if they are considered "artistic works." See COM:CRT/Australia#FOP for more information. English | français | 한국어 | +/−

This file is licensed under the Creative Commons Attribution 3.0 Unported license.

You are free:

• to share – to copy, distribute and transmit the work
• to remix – to adapt the work

Under the following conditions:

• attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

https://creativecommons.org/licenses/by/3.0CC BY 3.0 Creative Commons Attribution 3.0 truetrue

The original uploader of this photo placed a Free Art License notice on this image, which was not authorised by the copyright holder. I (User:Jeremy Visser) have contacted the copyright holder, who confirmed it was not authorised, but authorised that it be licensed under CC-BY. E-mail transcript follows:

Jeremy,

We did not authorise this licensing.

We hereby authorise the use of that image on Wikipedia under Creative
Commons CC-BY.

Do we need to do any more at this stage? Eg - do we put a CC-BY statement
under the photo on our site or do we need to fill out a form for such a
licence?

Regards,


Bevan Leviston
Director - White Hat
editor@whitehat.com.au

WHITE HAT
Tel: (03) 9329 6055
PO Box 12572 Melbourne VIC 8006, Australia www.whitehat.com.au 

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-----Original Message-----
From: Jeremy Visser [mailto:jeremy.visser@gmail.com] On Behalf Of Jeremy
Visser
Sent: Wednesday, 28 April 2010 10:39 PM
To: info@whitehat.com.au
Subject: Frank Forde image on Wikipedia and Wikimedia Commons

Hi,

I'm a Wikipedia editor and I watch the article on the "Prime Minister's
Avenue" on the English Wikipedia.

http://en.wikipedia.org/wiki/Prime_Minister's_Avenue

For a long time, an image of Frank Forde's bust has been missing from the
photo gallery on that article, with a placeholder message requesting
somebody upload an image to use.

Today, I checked my watchlist, and noticed that somebody had uploaded an
image of Frank Forde's bust which they found at:

http://www.whitehat.com.au/australia/PMs/Forde.asp

...to Wikimedia Commons, credited you as the source, and added it to the
article's image gallery. The image's description page can be found at:

http://commons.wikimedia.org/wiki/File:Forde.jpg

However, the licensing terms on the Commons image description page are
inconsistent with that of your website. The image description by the
uploader says:

  Copyleft: This work of art is free; you can redistribute it and/or
  modify it according to terms of the Free Art License. You will find
  a specimen of this license on the site Copyleft Attitude
  http://artlibre.org/licence/lal/en/ as well as on other sites.

However, the licensing terms on your website say:

  All contents copyright C 1995 - 2009 White Hat, White Hat Tours.
  All rights reserved.

I guess the point and crux of my e-mail to you is to ask whether you
authorised the above licensing change to the Free Art License to allow it to
be uploaded to Wikipedia.

If you did not authorise the licensing, then I will alert an appropriate
administrator, have the image removed from the Wikipedia article, and have
the image deleted from Wikimedia Commons.

On the other hand, if you did authorise the licensing, please let me know so
I can add your authorisation as proof on the image description page so other
Wikipedia editors can know for sure.

Or, if you did not authorise the licensing, but still wish to keep the image
on the Wikipedia article (which we would really appreciate!), then just say
so in a reply to this e-mail, and I'll update the image description with
said authorisation. A free license (e.g. the Free Art License, Creative
Commons CC-BY or CC-BY-SA) is required for inclusion in Wikipedia.

Regards,
Jeremy.

My user page: http://en.wikipedia.org/wiki/User:Jeremy_Visser