[Foundation-l] At least 500 images will have to be deleted from the National Portrait Gallery

geni geniice at gmail.com
Wed Jul 23 13:37:32 UTC 2008

2008/7/23 Michael Maggs <Michael at maggs.name>:
> Nobody wants to delete these images but Commons policy is that the image
> must be PD in both the and the UK.   According to this recent case law,
> these are clearly copyright images in the UK.
> Michael

Strangely no. Commons requires works to be PD in the US and country of
origin. Anywhere a work has been published will do as it's country of
origin. In their ah more extreme attempts to expand their jurisdiction
UK courts have decided that if a website is viewable in the UK it is
published there. Extending this doctrine we can conclude that they
would take the view that if a website is visible in the US the work is
published there. Since the works have been published in the US we only
need concern ourselves with US law.


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