File talk:Officers of the 153rd Infantry, 1925.jpg

I believe the TAG is being misapplied. The Source is clearly given, the Photo is from the Arkansas National Guard Yearbook, 1925-1926. The book, as a product of the National Guard, is public record. Specifically there is a copy available at the Arkansas National Guard Museum on Camp Robinso and also at the Butler Center for Arkansas Studies. Additionally because of the date of this photo, I believe it is exempt from copyright. --Damon.cluck (talk) 19:33, 30 September 2010 (UTC)

I agree, source is given. It seems unlikely that the source would have been copyrighted, and it is almost inconceivable that copyright would have been renewed. But... the Arkansas National Guard is not the Federal Government. /Pieter Kuiper (talk) 17:00, 2 October 2010 (UTC)

Sometimes it is and sometimes it isn't. When a National Guard unit is Mobilized under the authority of Titile 10, United States Code, then it is Federal, in exactly the same way that the Regular Army is. When a National Guard unit is mobilized by it's state, in what is normally referred to as state active duty, then it is an arm of the state government and state laws apply to it's actions and products. The gray area is when the guard is functioning under authority of Title 32 of the United States Code. It this situation the Guard is technically still under the day to day command and control of the Govenor, but the Federal Government is paying the bills and the Guard operates under federal regulations for the most part. The Guard conducts it's weekend training, annual training, and some homeland secuity/disaster response missions in Title 32 statsu. I believe this is why the Template:PD-USGov-Military-National Guard applies.