On Mon, 12 Aug 2019 at 23:40, Aron Manning aronmanning5@gmail.com wrote:
1st article https://www.nytimes.com/2019/03/20/us/slave-photographs-harvard.html is about commercial use (NC): "the university is illegally profiting from the images by using them for “advertising and commercial purposes,” such as by using Renty’s image on the cover of a $40 anthropology book."
You're quoting out of context. The words you quote are proceeded by "The lawsuit says that...". So it's no more than an allegation, which may well prove to be false. No argument is made, that an "NC" licence could be applied to images that were taken "almost 170 years " ago and whose copyright has therefore almost certainly expired. If such images were published by a GLAM under an NC licence, we'd likely ignore it and treat them as PD.
2nd article https://s3.amazonaws.com/documents.lexology.com/10a84c6c-538e-41d6-816e-f61460946a79.pdf is about derivative work (ND): "The past year has had several high profile examples of the perceived misuse of Native American culture find significant echo in the media. These include a Victoria’s Secret model wearing a headdress during a fashion show, the No Doubt music bands ’cowboys and Indians' themed music video, and the use of the “Navajo” name and symbols on various goods by the clothing company Urban Outfitters attracting legal proceedings for misrepresenting the products’ origins as well as public ire."
The original is paywalled for me, but from what you quote, none of those case studies concerns the use of media which could have been released under an NC licence, and no argument is made that such a licence could be applied to anything which would prevent such cultural appropriation.
It's my conclusion these "explain the need" for *some* solution to disallow such usages. NC and ND is one way to express this prohibition.
I see no basis for concluding that NC or ND address the probelm to which you refer. Perhaps you would care to elaborate on your reasoning, with examples?
-- Andy Mabbett @pigsonthewing http://pigsonthewing.org.uk