[WikiEN-l] "Permission required" on copyright expired images...

[Steve Bennett]

Question for the copyright experts. See this image:
http://images.slsa.sa.gov.au/mpcimg/01000/B838.htm

It's over 100 years old, and there is no clear copyright statement
(ie, the photographer isn't listed). Yet they say "Any other use
requires permission from the State Library of South Australia."

1) On what basis can they demand that users ask permission?
2) In what circumstances can Commons or Wikipedia ignore such a
demand, and assert that the image is public domain or copyright
expired?
3) What is the status of an image which is probably copyright, but no
one knows who owns the copyright?

I realise that this case might be a bit borderline, so if you prefer,
imagine that the image was old enough that we could reasonably assume
the photographer has been dead more than 70 years.

Steve