[MCN-L] Different Copyrights / Different Image Resolutions

2014-03-14 Thread Glen Barnes
Hi Kate,

Speaking from an NZ perspective here. I've found that in NZ institutions
tend to limit access to higher quality images and have separate licensing
on these (rather than copyright). You are free to use the web published
version but if you want anything extra then you need to jump through hoops
to get a high res version, possibly pay for it and agree to restrictive
licensing terms. It is changing but only slowly.

Also in response to this comment:

There can be no valid copyright in images that are merely slavish
reproductions of two-dimensional works, no matter that some institutions
may continue to make such claims. So with respect to those slavish types
of images, questions about resolution and size are simply irrelevant from a
legal perspective -- and no CC license attached to any such image could be
valid.

Maybe in the US but in NZ organisations are claiming copyright over scanned
photos and other images. I don't think this has been tested in court. IANAL
so I don't know if they have valid claims or not.

Thanks,
Glen


[MCN-L] Different Copyrights / Different Image Resolutions

2014-03-14 Thread Kate Blanch
I wanted to extend my thanks for the many replies to my post. This kind of 
information will be invaluable for me and my colleagues. Thanks again for being 
so generous with your knowledge.

Kate  

Kate Blanch
Administrator, Museum Databases
kblanch at thewalters.org / 410.547.9000 ext. 266? 

The Walters Art Museum
600 N. Charles Street, Baltimore MD 21201
www.thewalters.org


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Today's Topics:

   1. Different Copyrights / Different Image Resolutions (Glen Barnes)
   2. Re: Different Copyrights / Different Image Resolutions
  (Bryan Kennedy)
   3. Unsubscribe (Rothbaum, Rachel)


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Message: 1
Date: Fri, 14 Mar 2014 10:28:28 +1300
From: Glen Barnes g...@mytoursapp.com
To: mcn-l at mcn.edu
Subject: [MCN-L] Different Copyrights / Different Image Resolutions
Message-ID:
CAJ4dvGr2hDxO2=A7sb_A4OtBfexbx6AiE55pfoWc1nU9n=2vag at mail.gmail.com
Content-Type: text/plain; charset=iso-8859-1

Hi Kate,

Speaking from an NZ perspective here. I've found that in NZ institutions tend 
to limit access to higher quality images and have separate licensing on these 
(rather than copyright). You are free to use the web published version but if 
you want anything extra then you need to jump through hoops to get a high res 
version, possibly pay for it and agree to restrictive licensing terms. It is 
changing but only slowly.

Also in response to this comment:

There can be no valid copyright in images that are merely slavish
reproductions of two-dimensional works, no matter that some institutions may 
continue to make such claims. So with respect to those slavish types of 
images, questions about resolution and size are simply irrelevant from a legal 
perspective -- and no CC license attached to any such image could be valid.

Maybe in the US but in NZ organisations are claiming copyright over scanned 
photos and other images. I don't think this has been tested in court. IANAL so 
I don't know if they have valid claims or not.

Thanks,
Glen

--

Message: 2
Date: Thu, 13 Mar 2014 16:39:38 -0500
From: Bryan Kennedy bkenn...@smm.org
To: Museum Computer Network Listserv mcn-l at mcn.edu
Subject: Re: [MCN-L] Different Copyrights / Different Image
Resolutions
Message-ID:
CAMMAFbUSPF5N1VzyGr=q_GO_srZKMY+LSiZtb70bOjcmB8bRGQ at mail.gmail.com
Content-Type: text/plain; charset=iso-8859-1

I'd never heard the term slavish in relation to copyright. This wikipedia 
article does a pretty good job of describing the court case, that I
think(?) is the origin of this usage.

Bridgeman Art Library v. Corel Corp.
http://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel_Corp.

Looks like there are some open questions about how this decision applies 
outside the US.

bk

bryan kennedy
director, exhibit media
science museum of minnesota
bkennedy at smm.org   651.221.2522



On Wed, Mar 12, 2014 at 3:58 PM, Virginia Rutledge  virginiarutledge at 
yahoo.com wrote:

 Hello All --

 It's always worth noting that a fair use can be made of any image, no 
 matter theresolution or size.

 Whether and how an institution chooses to control access to images of 
 works in its care is of course a different question. Michael points to 
 some great examples of institutions that are opting to provide more 
 access to images of art -- in many cases, art which is itself no longer in 
 copyright.

 Which leads to another important point about proper and improper 
 assertions of copyright --

 There can be no valid copyright in images that are merely slavish
 reproductions of two-dimensional works, no matter that some 
 institutions may continue to make such claims. So with respect to 
 those slavish types of images, questions about resolution and size 
 are simply irrelevant from a legal perspective -- and no CC license 
 attached to any such image could be valid.

 Photographs of objects, installations, architecture, performance 
 (etc.) often need to be treated differently. Those images may be 
 properly copyrighted.

 But on the question of claiming a separate copyright in any image 
 merely because of a difference in resolution or size, the right answer 
 from the legal