As expected by Ah Zhi, Mr Delta told Ah Zhi that the media can use the pictures for reporting and he quoted the following to Ah Zhi:
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Copyright Act Chapter 63
Fair dealing for purpose of reporting current events
37. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of, or is associated with, the reporting of current events —
(a) in a newspaper, magazine or similar periodical and a sufficient acknowledgment of the work is made; or
(b) by means of broadcasting or a cable programme service or in a cinematograph film.
[Aust. 1968, s. 42 (1)]
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Ah Zhi replied that the nothing in that part exonerates any media(s) from the responsibilities to inform and to seek permission from the person holding the copyright. In addition, it does not relief the media from having to comply with the terms and conditions stated by the source/person holding the copyrights.
Let's look at it this way, to my knowledge if permission has to be sought and granted beforehand, then it is no longer a case of "fair-usage" but having the usage rights granted by the IP holder himself.
Here's my interpretation of the above laws:
What is copyright infringement? Its unauthorized use of someone's IP.
What is fair-usage/fair dealing? Provisions within the copyright law for unauthorized usage of someone's IP for the purposes of review, critique, news reporting.
Its like somebody posting a shot he found on the net and makes comments on it "Good shot" or "Lousy Shot", while acknowledging the source he took it from. Its fair usage.
Likewise when one writes a thesis, when u lift or quote from certain academic journals, it is fair use as long as you acknowledge the source.