I've recently come across the following website that publishes a large number of old photographs held in local council archives in Nottinghamshire and Derbyshire:
Many of the pictures are still in-copyright and have been released for private use only. However, many are pre-1923 and hence copyright expired, such as:
Would it be copyright-compliant for someone, particularly someone based in the US, to upload these photos to Commons based on the principles of PD-ART?
Andrew
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Images on Commons need to be free in the US and the country of origin. If I understand correctly, these images are from the UK, but the PD status to pre-1923 images only applies to US images.
Regards,
ChrisiPK
Andrew Turvey schrieb:
I've recently come across the following website that publishes a large number of old photographs held in local council archives in Nottinghamshire and Derbyshire:
Many of the pictures are still in-copyright and have been released for private use only. However, many are pre-1923 and hence copyright expired, such as:
Would it be copyright-compliant for someone, particularly someone based in the US, to upload these photos to Commons based on the principles of PD-ART?
Andrew
Commons-l mailing list Commons-l@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/commons-l
----- "ChrisiPK" chrisipk@gmail.com wrote:
From: "ChrisiPK" chrisipk@gmail.com To: "Wikimedia Commons Discussion List" commons-l@lists.wikimedia.org Sent: Monday, 10 August, 2009 22:54:44 GMT +00:00 GMT Britain, Ireland, Portugal Subject: Re: [Commons-l] Archive pictures of North East Midlands, England
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Images on Commons need to be free in the US and the country of origin. If I understand correctly, these images are from the UK, but the PD status to pre-1923 images only applies to US images.
That's interesting. How does this apply to the National Portrait Gallery images then? These were copies of a British digitization which, under UK copyright law, qualifies as a new item subject to copyright.
Regards,
2009/8/10 Andrew Turvey andrewrturvey@googlemail.com:
----- "ChrisiPK" chrisipk@gmail.com wrote:
From: "ChrisiPK" chrisipk@gmail.com To: "Wikimedia Commons Discussion List" commons-l@lists.wikimedia.org Sent: Monday, 10 August, 2009 22:54:44 GMT +00:00 GMT Britain, Ireland, Portugal Subject: Re: [Commons-l] Archive pictures of North East Midlands, England
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Images on Commons need to be free in the US and the country of origin. If I understand correctly, these images are from the UK, but the PD status to pre-1923 images only applies to US images.
That's interesting. How does this apply to the National Portrait Gallery images then? These were copies of a British digitization which, under UK copyright law, qualifies as a new item subject to copyright.
Regards,
Basically commons held a vote and decided to ignore that type of law.
geni schrieb:
2009/8/10 Andrew Turvey andrewrturvey@googlemail.com:
----- "ChrisiPK" chrisipk@gmail.com wrote:
From: "ChrisiPK" chrisipk@gmail.com To: "Wikimedia Commons Discussion List" commons-l@lists.wikimedia.org Sent: Monday, 10 August, 2009 22:54:44 GMT +00:00 GMT Britain, Ireland, Portugal Subject: Re: [Commons-l] Archive pictures of North East Midlands, England
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Images on Commons need to be free in the US and the country of origin. If I understand correctly, these images are from the UK, but the PD status to pre-1923 images only applies to US images.
That's interesting. How does this apply to the National Portrait Gallery images then? These were copies of a British digitization which, under UK copyright law, qualifies as a new item subject to copyright.
Regards,
Basically commons held a vote and decided to ignore that type of law.
That's not true. The issue is rather that the law is rather unspecific, and there's disagreement about the interpretation.
-- daniel.
Andrew Turvey wrote:
Images on Commons need to be free in the US and the country of origin.
If I
understand correctly, these images are from the UK, but the PD status to pre-1923 images only applies to US images.
That's interesting. How does this apply to the National Portrait Gallery images then? These were copies of a British digitization which, under UK copyright law, qualifies as a new item subject to copyright.
That's what the NPG and most medias say, but it is not even sure. Here is an opinion by a professional UK lawyer: http://www.francisdavey.co.uk/2009/07/national-portrait-gallery-photographs....
Regards,
Yann
2009/8/10 Andrew Turvey andrewrturvey@googlemail.com:
That's interesting. How does this apply to the National Portrait Gallery images then? These were copies of a British digitization which, under UK copyright law, qualifies as a new item subject to copyright.
...to be more accurate, *maybe* it does. The law is distinctly vague on this; the statute leans one way, the caselaw leans the other, and common sense shakes its head and gives up. Good arguments either way, both on legal grounds and those of public policy, but no clear statement; and that is sadly the limbo it will remain in until someone goes to court.
Pre-1923 images that were never published in the US are also considered PD. See http://copyright.cornell.edu/resources/publicdomain.cfm
On Mon, Aug 10, 2009 at 2:54 PM, ChrisiPK chrisipk@gmail.com wrote:
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Images on Commons need to be free in the US and the country of origin. If I understand correctly, these images are from the UK, but the PD status to pre-1923 images only applies to US images.
Regards,
ChrisiPK
Commons-l mailing list Commons-l@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/commons-l
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In the US they are. That doesn't make them free in the country of origin.
Regards,
ChrisiPK
Howard Cheng schrieb:
Pre-1923 images that were never published in the US are also considered PD. See http://copyright.cornell.edu/resources/publicdomain.cfm
On Mon, Aug 10, 2009 at 2:54 PM, ChrisiPK chrisipk@gmail.com wrote:
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Images on Commons need to be free in the US and the country of origin. If I understand correctly, these images are from the UK, but the PD status to pre-1923 images only applies to US images.
Regards,
ChrisiPK
Commons-l mailing list Commons-l@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/commons-l
Commons-l mailing list Commons-l@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/commons-l
Rather than taking that approach, it would be much better if we could try to co-operate with them to upload their photos to Wikipedia, complete with metadata, etc. As such, I've just emailed them to see if they're interested in uploading some of their images to Commons.
Mike
On 10 Aug 2009, at 18:56, Andrew Turvey wrote:
I've recently come across the following website that publishes a large number of old photographs held in local council archives in Nottinghamshire and Derbyshire:
Many of the pictures are still in-copyright and have been released for private use only. However, many are pre-1923 and hence copyright expired, such as:
Would it be copyright-compliant for someone, particularly someone based in the US, to upload these photos to Commons based on the principles of PD-ART?
Andrew _______________________________________________ Wikimedia UK mailing list wikimediauk-l@wikimedia.org http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l WMUK: http://uk.wikimedia.org
It would be good to see what they come back with. They already release low res images on the website for free personal non-commercial use, and they say they've researched all the copyright holders, so we may be lucky with this one.
Having said that, I don't think it's an "either - or" situation. If things are available and legally in the public domain we should take full advantage of that, notwithstanding any agreements we may be able to make with the archive holders.
----- "Michael Peel" email@mikepeel.net wrote:
From: "Michael Peel" email@mikepeel.net To: wikimediauk-l@lists.wikimedia.org Cc: "Wikimedia Commons Discussion List" commons-l@lists.wikimedia.org Sent: Monday, 10 August, 2009 23:31:46 GMT +00:00 GMT Britain, Ireland, Portugal Subject: Re: [Wikimediauk-l] Archive pictures of North East Midlands, England
Rather than taking that approach, it would be much better if we could try to co-operate with them to upload their photos to Wikipedia, complete with metadata, etc. As such, I've just emailed them to see if they're interested in uploading some of their images to Commons.
Mike
On 10 Aug 2009, at 18:56, Andrew Turvey wrote:
I've recently come across the following website that publishes a large number of old photographs held in local council archives in Nottinghamshire and Derbyshire:
Many of the pictures are still in-copyright and have been released for private use only. However, many are pre-1923 and hence copyright expired, such as:
Would it be copyright-compliant for someone, particularly someone based in the US, to upload these photos to Commons based on the principles of PD-ART?
Andrew _______________________________________________ Wikimedia UK mailing list wikimediauk-l@wikimedia.org http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l WMUK: http://uk.wikimedia.org
Wikimedia UK mailing list wikimediauk-l@wikimedia.org http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l WMUK: http://uk.wikimedia.org