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

teun spaans teun.spaans at gmail.com
Wed Jul 23 18:13:00 UTC 2008


i doubt you can say that the national gallery has choosen to publish in the
USA. There servers are probably in the UK, so i'd say that they publish in
the UK. That the pages can be viewed in the USA is a different matter.

Analogy: If i print and publish/sell a book in the Netherlands, I publish it
here in the Netherlands. If some USA retailer orders 2000 copies to sell in
the states, that doesnt mean i publish them in the USA, merely that they are
for sale in the USA.

But a lot depends on the definition of "publication" / "publish"

wish you health and happiness,
Teun Spaans

On Wed, Jul 23, 2008 at 7:10 PM, geni <geniice at gmail.com> wrote:

> 2008/7/23 Michael Maggs <Michael at maggs.name>:
> > An interesting theory, but it does not work, of course, or Commons
> > policy would be in chaos.  You cannot arbitarily choose which country is
> > the one in which the works were published to suit Commons' convenience.
> That depends on the legal system. Under UK law the national gallery
> has chosen to publish in the US. You will note the the BBC goes out of
> it's way to limit what people from the US can view and listen to on
> it's website. The national gallery was free to do that but did not.
> Thus the images were published in the US and as long as they were
> copied across by someone in the US are no different from any other
> pure US image.
> > There is no choice of law here: the photographs were taken in the UK, of
> > paintings held in the UK, on behalf of a UK museum, and have been
> > published by that museum on a UK website and by issuing postcards and
> > other reproductions in the UK.   Why would any UK court think that US
> > law should be applied?
> >
> > Michael
> They wouldn't but they would think the photos have been published in
> the US. They would of course argue that commons is publishing the
> photos in the UK so UK law also applies but they would argue that
> about all our photos.
> --
> geni
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