File talk:Australian Aboriginal Flag.svg

message: I do not think this flag is PD. I have not seen anything anywhere that says so.
From a .gov website:
# In 1995, the Australian Government proclaimed the flag as an official 'Flag of Australia' under section 5 of the Flags Act 1953.
# In 1997, Harold Thomas was recognised as the author of the artistic work under the Copyright Act 1968.
From ABC's messagestick website:
# For commercial use, special permission would need to be sought from the copyright owners.
That means us, since the GDFL doesn't prohibit commercial use.
From NAIDOC website:
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:
 Mr Harold Thomas
 PO Box 41807
 Casuarina NT 0810
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.
--pfctdayelise 18:25, 27 November 2005 (UTC)
replies: text: 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. http://www.itsanhonour.gov.au/flag/commercial_use.html says the Australian national flag may be used for commercial purposes without formal permission subject to guidelines, and gives contact info for clarification. Is Wikipedia to be prevented from using this flag image because we are not commercial!? --Scott Davis Talk 00:07, 28 November 2005 (UTC)
thread_title: Not PD

message: It seems a shame that he image cannot be used on the :Template:Australian Flags.  It is an Australian flag.  However, the guidelines at Wikipedia:Fair use are quite explicit: 
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 infringement on Wikipedia only when used for strictly encyclopedic reasons, their use in other contexts is likely copyright infringement.
Any views as to how the template might best be altered?  See discussion at Template talk:Australian Flags.--A  Y  Arktos 20:12, 28 November 2005 (UTC)
thread_title:  Use of flag on [[:Template:Australian Flags]]

message: ...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? Doops |  talk 23:16, 2 December 2005 (UTC)
replies: text: Well, why don't they just revoke official status? Doops |  talk 07:03, 3 December 2005 (UTC)

text: It is completely mind-boggling, yes. :) pfctdayelise 04:29, 3 December 2005 (UTC)
thread_title:  For what it's worth... 

message: Ok, here is my argument for keeping this flag for fair use:
From Wikipedia:Fair_use#Images:
There are a few blanket categories of copyrighted images whose use on Wikipedia has been generally approved as likely being fair use when done in good faith.
The flag could be placed in either of these catagories:
As a "Paintings and other works of visual art. For critical commentary, including images illustrative of a particular technique or school." because it was originally used as "artwork" at the Aboriginal Tent Embassy (It was not an official flag then). 
Or as a "Team and corporate logos. For identification" 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:
"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" -  From Wikipedia:Logos Fosnez 13:27, 3 January 2006 (UTC)
replies: text: There is already sufficient explanation on the image description page. The use of , combined with :Image:Australian_aboriginal_flag.png#Fair use for Australian_Aboriginal_flag, 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. pfctdayelise 13:57, 3 January 2006 (UTC)
replies: text: Flag a piece of cloth, often decorated with an emblem, used as a visual signal or symbol.(Wiktionary). My point is that its not the flag that is copyrighted, but the emblem (read: logo) ON the flag. Fosnez 20:22, 3 January 2006 (UTC)
replies: text: 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 Indigenous Australians 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 Wikipedia:Fair use .  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 Australian Aboriginal Flag and Flag of Australia, I will remove images used elsewhere, including on the Indigenous Australians article.--A  Y  Arktos 22:05, 23 January 2006 (UTC)
thread_title:  Argument for Fair Use 

message: 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?--A  Y  Arktos 10:01, 12 February 2006 (UTC)
replies: text: I did this. pfctdayelise 06:41, 14 February 2006 (UTC)
thread_title:  Speedy deletion 

message: AS I type, this flag is being used on three pages in user space, several galleries and lists, and 2008 Australian Football International Cup - none of which have a fair use justification here. 81.153.111.37 (talk) 11:59, 26 November 2007 (UTC)
thread_title:  Use on other pages 

message: 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. Nford24 (PE121 Personnel Request Form) 22:37, 12 March 2022 (UTC)
thread_title:  Copyright sold