This image originates in a low-resolution image available free of charge from the State Library of South Australia website (see "Source"). The library's web page states that it has no known copyright restrictions and that a higher-resolution image is available for purchase from them.
Licensing
Public domainPublic domainfalsefalse
This file is in the public domain because the State Library of South Australia website (see "Source"), from which the image was obtained, has stated that the image has no known copyright restrictions. That information is consistent with the following:
The photo was taken before 1 January 1955. The Australian Government's authoritative guide to the Copyright Act 1968 (Short Guide to Copyright, November 2016) [1] states on page 11 that "The term of copyright protection for photographs taken before 1955, regardless of whether the author has since died or is still alive, has expired".
The image satisfies the criteria for fair use in the United States, as specified in the following panel.
This template must not be used to dedicate an uploader's own work to the public domain; CC0 should be used instead.
This work must carry justifications for free usability in both the United States and its country of origin.
The four qualifying criteria specified by 17 U.S.C. §107 for fair use of this image in the United States are satisfied as follows:
Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: The use is for nonprofit educational purposes, to illustrate one or more educative articles in Wikipedia.
Nature of the copyrighted work: The image is in the public domain in Australia. Therefore, a potential commercial benefit to the owner through publishing, if any, would not be lessened by fair use in the US.
Amount and substantiality of the portion used in relation to the copyrighted work as a whole: The work consists entirely of a photograph that is of low intrinsic market value.
Effect of the use upon the potential market for or value of the copyrighted work: Given the low intrinsic value of the image, any effect of the image's use upon the potential market for it, or its value, would be immeasurably low because the benefit of any potential commercial use has already been extinguished through being in the Australian public domain.
↑The image's public domain status is compliant with Wikimedia Commons's licensing policy.
Captions
Studio portrait of Thomas Elder BARR SMITH, South Australian pastoralist and philanthropist