FYI: The Dibner Library at the Smithonian has many good images of people, many of them in the PD by age. I asked for clearance to use Dibner Library images on wikipedia. Here's the result.
Magnus
-------- Original Message -------- Subject: Re: Smithsonian Libraries image request Date: Thu, 02 Sep 2004 10:56:23 -0400 From: Erin Clements ClementsE@si.edu To: magnus.manske@web.de
Dear Mr. Manske,
For us to feel comfortable having the Dibner Portraits on Wikipedia, we would prefer this credit line: "Image reproduced courtesy of the Smithsonian Institution Libraries from Scientific Identity, Portraits from the Dibner Library of the History of Science and Technology" with a direct link to this site:http://www.sil.si.edu/digitalcollections/hst/scientific-identity/index.htm
We would like this line in lieu of "This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. This applies worldwide."
We will forego the standard permissions form. However, please keep in mind that the modern (post-1926) portraits are on our site under Fair Use policies for a non-profit educational project. If they are used in other ventures, valid copyrights may need to be cleared.
Thank you for your interest in our collections,
Erin E. Clements New Media Office, Smithsonian Institution Libraries PO Box 37012 MRC 154 Washington, DC 20013-7012 p. 202.633.1708** new number f. 202.786.2861 clementse@si.edu
Magnus Manske magnus.manske@web.de 09/02/04 03:17AM >>>
Dear Mr. Clements,
first, let me thank you for your answer. Yes, wikipedia would very much like to continue using images from your great resource. Please sent me the permission form and credit line. As you no doubt have seen on the Dumas image page, we already do link back to your site containing the image, but we will of course extend/modify that credit according to your request.
One point, however, remains: According to U.S. copyright law, a mere reproduction of an image in the public domain *does* remain in the PD, contrary claims notwithstanding. Only a "creative act" could change that status, and scanning or (digital) photographic reproduction, which is apparently the case for your image collection, does not constitute such an act. Thus, the claim on the Dumas image page is correct.
Of course, we will cite the source of *all* your images with your credit line, public domain or not. Your permission and the PD are, after all, not mutually exclusive; the PD only extends any permission where copyright law allows (and demands) it.
Yours, Magnus Manske
Erin Clements wrote:
Dear Mr. Manske,
I am writing in response to your digital image request below. We would be happy for you to include images from our Scientific Portrait collection on Wikipedia. However, we do ask that proper credit is given for the images and that you complete a permissions form. Even if the works in question are a part of the public domain, the digital images which you are using are not. Therefore, I do question the line under this picture: http://en.wikipedia.org/wiki/Image:Jean_Baptiste_Andr%E9_Dumas.jpg which states that the image has been released into the public domain. Please refer here for more information: http://www.sil.si.edu/permissions/
If Wikipedia would like to continue using, please let me know and I would be happy to provide you with the permission form and proper credit line.
Sincerely,
From: Magnus Manske magnus.manske@web.de To: LIBMAIL@si.edu Date: 7/29/04 9:29AM Subject: Copyright status of images
Hello,
I am a volunteer for Wikipedia, the free encyclopedia (http://www.wikipedia.org ). Recently, I have begun to include portraits from your excellent "Dibner Library of the History of Science and Technology" into the appropriate articles.
Example : http://en.wikipedia.org/wiki/Gerardus_Joannes_Vossius
While most of these images are in the public domain by age (as mere scanning does not change the copyright status), there have been some concerns especially about the "newer" ones.
Wikipedia itself is a strictly non-commercial project - all contents is freely available and will remain so. However, all Wikipedia material is available under the GNU Free Documentation License (see http://en.wikipedia.org/wiki/Wikipedia:Copyrights ), which allows for commercial use. The information, however, will always stay free (as in free speech).
The Wikipedia project would very much like to use all the Dibner Library images to complement its biography articles. We would, of course, link back to your site from every such image; in fact, we already do (click on the Vossius image from the link above) where we use them. It would be great if you could officially release the Dibner images under GFDL (or in the public domain); if not, please suggest an alternative that would be acceptable to you.
Thank you in advance, Magnus Manske
Erin E. Clements, Permissions Coordinator New Media Office, Smithsonian Institution Libraries PO Box 37012 MRC 154 Washington, DC 20013-7012 p. 202.633.1708** new number f. 202.786.2861 clementse@si.edu