File:Waterfallrailcrash.jpg

• Image: New South Wales Government, Office of Emergency Services image of the Waterfall rail accident, 31 January, 2003.
• Source: New South Wales Government Office of Emergency Services web site (displayed at this page.
• Copyright: Government of New South Wales, Office of Emergency Services © 2007. It is worth noting that permission per this page is permissible for personal, in-house or non-commercial usage from any content on the OES website

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:Waterfallrailcrash.jpg true

Aside from the claim that this file qualifies for use without permission under fair use, this file is also available under a license that permits educational, personal, or otherwise non-commercial use only. Files available under such terms do not meet the definition of Free Cultural Works as adopted by the Wikimedia Foundation, and are therefore considered non-free on Wikipedia and may only be used under Wikipedia's non-free content policy. This tag must only be used with a non-free license tag and a valid fair use rationale as required by policy.

Though this image is subject to copyright, its use is covered by the U.S. fair use laws, and the stricter requirements of Wikipedia's non-free content policies, because:

1. The photo is only being used for informational purposes.
2. It illustrates an education article about the accident it portrays.
3. The image is not reproducible by a free-use available commercial image of equivalent value, for the following reasons:
   1. It demonstrates an historically significant event, the Waterfall rail accident, the reproduction of which is impossible; and
   2. The accident occurred in a remote area south of Sydney which is not accessible to the public even at times other than when the accident occurred, and definitely not at the time the accident occurred. The only images which were taken of the accident were taken by news crews or Government agencies. It is almost certain that no free image, and no non-press or Government image of the event exists.
4. It is not used in a way to override the commercial considerations of the image. The image was displayed on a public Government-owned website for public viewing and use.
5. It is the only non-free image used on the Wikipedia page.
6. It has been published before, on the OES website.
7. The image meets Wikipedia's image use policy.
8. It is used in at least one article.
9. The article adds significantly to the article. The article discusses what happened to the train as it crashed and how it ended up, especially with the two carriages. This is not adequately covered by text alone. Articles about rail accidents are much better served by an image illustrating what the aftermath of the crash showed. Additionally, it discusses the remote area in which the accident occurred, and this cannot be showed without an image referencing the surrounding area to the accident.
10. There are no images of living Australians issues with respect to this image.
11. The copyright holder permits display of the image for non-commercial, personal and in-house uses. Display on the Wikipedia (but not necessarily outside of that) is covered under the copyright agreement.