File:Justice Robert Marsden Hope.jpg

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.

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 (or assumed to be 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, and it is not covered by a more specific non-free content license listed at Category:Wikipedia non-free file copyright templates. However, it is believed that the use of this work: 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, 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. Fair use //en.wikipedia.org/wiki/File:Justice_Robert_Marsden_Hope.jpg true

To the uploader: Please add a detailed non-free use rationale for each article the image is used in, which must also declare compliance with the other parts of the non-free content criteria, as well as the source of the work and copyright information. For example non-free use rationales, see Wikipedia:Use rationale examples. Template:Non-free use rationale may be helpful for stating the rationale. This tag is not a sufficient claim of fair use. To patrollers and administrators: If this image has an appropriate rationale please append |image has rationale=yes as a parameter to the license template.