[Commons-l] Fwd: Library and Archives Canada images

Padraic Ryan user.padraic at gmail.com
Sun May 4 17:47:13 UTC 2008

Right now there are 1,300 images in [[Category:Images from Library and
Archives Canada]]. While many are PD, many others have been tagged as
{{CopyrightedFreeUse}} due to some ambiguous language on the LAC website.
Last fall I emailed them to ask about this, and they finally replied - turns
out my suspicion was correct, and our current use violates their license.

Is there someone I should be forwarding this to? Assuming they are right,
some mass deletions are in order. Curiously, they also seem to be asserting
control over those images which are now PD.

---------- Forwarded message ----------
From: Copyright /droit_d'auteur
<copyright/droit_d'auteur at lac-bac.gc.ca<droit_d%27auteur at lac-bac.gc.ca>
Date: 2008/5/4
Subject: Images on Wikepedia Website
Cc: Copyright /droit_d'auteur
<copyright/droit_d'auteur at lac-bac.gc.ca<droit_d%27auteur at lac-bac.gc.ca>

 Dear Mr. Ryan,

Your request for information concerning the possibility to upload Library
and Archives Canada images on the Wikipedia website has been referred to my
attention.   I had previously been contacted by another representative of
your website and am answering your request along the same lines as that
provided to Mr. Harden on October 22, 2007.  I believed that both your
requests were related and therefore initially answered only Mr. Harden.
However, to close the query in our system, I am providing an independent
reply to your query as well.

I have reviewed the Wikipedia website to determine the type of permissions
which are granted to your users for material which is posted on your
website.  The terms of re-use of material which appears on your website,
specifically granting permission to modify or create derivative products,
does not meet our criteria to ensure that the authenticity of the original
material which comes from our collections is retained.  Additionally, the
terms of re-use on your website state that the material can be copied and
distributed directly from your website.  Library and Archives Canada
requires that we be contacted for any re-use of our original material and we
supply the copies of the material to ensure that the authenticity is
retained.  This is achieved by licensing on a "one-time" use only.  Any
subsequent use or re-use of our material is subject to a separate license.

We are in the process of attempting to have material from our collections
removed from your website which had been licensed for a specific purpose,
which did not include posting on your website. Our material which is posted
on your website is being advertised as having no restrictions, when in fact,
there are restrictions with all our licenses, especially concerning
modification and re-distribution.  The various disclaimers posted on your
website, relieving Wikipedia of such activities by its contributors, leads
us to believe that no remedial action can be taken by Wikipedia in such
instances.  Taking all these factors into consideration, we are therefore
not in a position to encourage posting of material from our collections on
the Wikipedia website at this time.  Should the terms of use on your website
be modified, we would then re-examine this request and reconsider the
possibility of granting a permission.

Should you have any questions with respect to this request, please do not
hesitate to contact me directly.


Thank you,
*****Carole Cloutier*
Copyright Bureau, Services Branch
Library and Archives Canada
Tel:  613-992-2567 / Fax: 613-996-1341
Email:  copyright/droit_d'auteur at lac-bac.gc.ca<droit_d%27auteur at lac-bac.gc.ca>
Website: www.collectionscanada.ca

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