[WikiEN-l] Copyright of newly found image of Phineas Gage from 1850

[Brian]

A daguerreotype of a well adjusted [[Phineas Gage]] holding the rod that
impaled his frontal lobes was recently discovered. It will be published in
The Journal of the History of the Neurosciences imminently. It was, in my
opinion, correctly uploaded to Commons under the Public Domain. It is, after
all, an uncreative photograph of a daguerreotype made in the 1850s by an
unknown photographer.

http://commons.wikimedia.org/wiki/File:Phineas_Gage.jpg

That said, have a look at the copyright text of the image claimed by the
gallery that took the photo.

http://brightbytes.com/phineasgage/index.html

**NOTE* We are not claiming copyright to the work of an anonymous 1850s
photographer but to the photograph we made of this object in our possession.
Since you can't upload a daguerreotype to the internet and no one else could
possibly have photographed this object for over 30 years, the only
photographs available are the ones we have made.*

*For several years we have had an informal business supplying images in our
collection <http://brightbytes.com/past_tense/index.html> to publishers,
film, and television producers. We often grant permission for educational
and non-profit usage.*

*High resolution photographs without a watermark are available for
reproduction. Contact us for information on usage fees.*
*
*My reading of this is that they claim copyright of the image and that they
often allow educational and non-profit institutions to use versions of the
images that contain watermarks.