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(a)si.edu>
To: <magnus.manske(a)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…
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(a)si.edu
>> Magnus Manske <magnus.manske(a)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(a)web.de>
To: <LIBMAIL(a)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(a)si.edu