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I found work online and it is in the public domain. Is it free for me to use?

I saw this amazing photograph of a few birds and think it will make the best logo for my new line of t-shirts. The photograph was published online in the public domain. Can I use it for free?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 13-11-2015
1 Lawyer Answered
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  1. Copyright
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lance Scott of 1Place Patent Attorneys & Solicitors, Paddington 2021 NSW

  • No. Works are not free to use because they are online. You must obtain express permission before you can use another’s works.
  • You are also not permitted to use a work if you link back to the copyright owner or credit the creator. It may be that they are in fact happy for the publicity or traffic flow. However you do need to obtain specific permission first because you could be infringing copyright.

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