Rogol,
Not everyone is blessed with your easy-going tolerance and automatic assumption of good
faith.
Cheers,
Peter
-----Original Message-----
From: Wikimedia-l [mailto:wikimedia-l-bounces@lists.wikimedia.org] On Behalf Of Rogol
Domedonfors
Sent: Saturday, August 19, 2017 10:16 PM
To: Wikimedia Mailing List
Subject: Re: [Wikimedia-l] Canmore database and claims of copyright on public domain
works
Fae,
You seem rather too quick to leap to the conclusion that anyone who disagrees with you on
intellectual property has an imperfect understanding or is consciously committing
"copyfraud". Have you made any attempts whatsoever to engage with the
organisation in question to find what their position is and consider whether it might have
some merits? Have you considered that if you were to approach them in a less aggressive
fashion, they might be happy to work with you or others to release their collection?
Alternatively, if you are absolutely confident that your understanding of the law is
correct and theirs is not, then you are at no risk of being successfully prosecuted, so
what is your problem?
"Rogol"
On Sat, Aug 19, 2017 at 4:31 PM, Fæ <faewik(a)gmail.com> wrote:
The Canmore database,
https://canmore.org.uk,
describes itself as the
"online catalogue of the National Record of the Historic Environment.
It holds detailed information and archive images for more than 300,000
places in Scotland." Canmore is part of Historic Environment Scotland
(HES).
I'm aware that Wikimedia UK has helped to fund several projects in
Scotland, so there is a network of contacts that could help take a
look at the problematic claims of copyright. Perhaps someone can offer
to take action to help Historic Environment Scotland reach a better
understanding of copyright and avoid basic copyfraud errors?
In theory this could be a marvelous reference resource for open
knowledge about the history of Scotland, but the online catalogue
seems more like a retail outlet geared to maximise the cash to be made
from selling archive images, many of which are obviously public
domain. There are two basic problems:
* The online archive is limited to 800px width images, with website
users directed to buy higher resolutions which are claimed to be a
minimum of 3,000 pixels wide.
* Regardless of age, source or photographer all images are claimed as
copyright with the conditions including "No permission is given for
any commercial use, distribution or reproduction in these terms.
Please use the BUY option for these purposes and separate licences
will be provided."
I would be delighted to release some of the public domain collections
from Canmore at high resolution to Wikimedia Commons, but at the
moment it's all locked down. In fact were I to try to release the
disappointingly small 800px versions of public domain images, even
using the "required" attribution to RCAHMS (which no longer exists), I
would be at personal risk of prosecution by HES based on the site
terms and conditions. See examples 1 and 2.
Examples:
1. Photograph of Hanover Street taken in 1870 by an unknown
photographer, making it likely to have been public domain from 1898.
https://canmore.org.uk/collection/466213
2. Over 950 photographs taken by Francis M Christal, who died in 1944,
making all photographs public domain in 2014:
https://canmore.org.uk/collection/result?GROUPCATEGORY=5&SIMPLE_
KEYWORD=Francis%20M%20Chrystal&collection_items_page=40
Thanks,
Fae
--
faewik(a)gmail.com
https://commons.wikimedia.org/wiki/User:Fae
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