The University  does actually have a pretty good statement here:
http://uwdc.library.wisc.edu/about/copyright

The key issue would more likely be that some of the articles are still
under natural copyright, such as this one:
http://digicoll.library.wisc.edu/WebZ/FETCH?sessionid=01-51412-1451625788&recno=55&resultset=2&format=F&next=html/nffull.html&bad=error/badfetch.html&&entitytoprecno=55&entitycurrecno=55&entityreturnTo=brief

Risker/Anne

On 22 October 2014 12:17, Sarah Stierch <[email protected]> wrote:

> Hi -
>
> I actually professionally consult with GLAMs (galleries, libraries,
> archives and museums) regarding the copyright of their images and the
> content within them and how copyright works. I have worked with everyone
> from the Smithsonian Institution to the Getty regarding opening their
> cultural heritage materials.
>
> To be brutally honest: the university can claim copyright over the
> photographs of those images all they want but they will lose that case in a
> court of law if the photograph is of an object that was created before
> 1923.
>
> The news about these images has been disseminated in the Open Culture
> (GLAM) community already, and they'll most likely end up being uploaded to
> websites like Wikimedia Commons, with proper attribution of where they came
> from (the university) but because the objects are public domain (1923 and
> before) there will be little to nothing the university can do to control
> that.
>
> For example, a Wikipedia edit uploaded thousands of images from the
> National Portrait Gallery in London. All of artworks in the public domain.
> NPG tried to sue this editor (who is still an active editor). They failed -
> it was determined that the case had no chance. Basically, a museum or
> library can sit around and claim copyright over photographs of public
> domain images all they want, but, they can't win in a court of law.[1]
>
> So regardless, they'll end up on Commons eventually and be disseminated. I
> can go on and on and on about this, it's my big passion - professionally
> and personally.
>
> -Sarah
>
> [1]
> http://www.dmlp.org/threats/national-portrait-gallery-v-coetzee#description
>
> On Tue, Oct 21, 2014 at 9:11 PM, Kerry Raymond <[email protected]>
> wrote:
>
>> Maybe I am missing something (USA copyright law is not my area of
>> expertise) but I see recent photographs of old things, which would make the
>> photos the copyright of Dovie Horvitz (who is described as the person who
>> took the photos). If the copyright has been assigned to the university, the
>> university's website asserts copyright over things in electronic format
>> (which seems to cover anything on a website!).
>>
>> Sent from my iPad
>>
>> On 22 Oct 2014, at 9:13 am, Sarah Stierch <[email protected]>
>> wrote:
>>
>> Fabulous collection of images, see below.
>> Most are public domain - meaning ripe for uploading to Commons :)
>>
>> ---------- Forwarded message ----------
>> From: Carol Stabile <[email protected]>
>> Date: Tue, Oct 21, 2014 at 4:11 PM
>> Subject: fembot: Announcing a new pictorial digital women's history
>> collection
>> To: media & technology collaboration gender <[email protected]>
>>
>>
>> Thought some of you would be interested in this.
>>
>> best,
>>
>> Carol A. Stabile, Professor
>> School of Journalism and Communication/Department of Women’s and Gender
>> Studies
>> University of Oregon
>> Editor, The Fembot Collective
>>
>> >
>> > Dear WMST-Lers
>> >
>> > I am pleased to announce the availability of a wonderful online
>> collection of photographs of women’s everyday possessions in the 19th and
>> early 20th centuries, plus numerous digitized texts (magazines, books,
>> postcards, posters, and more) concerning women during that period. The
>> objects and printed works themselves were amassed by Dovie Horvitz, and
>> Illinois-based collector who hopes to find an institutional home for the
>> entire collection some day — perhaps the presence of the photographs and
>> digitized works will spark that interest. We hope so.
>> >
>> > Objects in the collection include clothing (dresses, hosiery, bustles,
>> garters, swimwear, undergarments, aprons, and more), accessories such as
>> shoes and boots, hats, gloves, purses, fans, handkerchiefs, furs, and
>> parasols; menstrual and other health products; cosmetic and grooming kits,
>> powders, and related make-up items; dresser sets (combs and brushes);
>> curling irons and other hair care devices; perfumes; boudoir pillow covers;
>> eye glasses; and exercise equipment. The printed matter includes numerous
>> women’s magazines, Sunday supplement illustrations, sheet music about
>> women, suffrage postcards, World War I and II posters, photographs of teen
>> parties, and pamphlets about sex, health, and menstruation. Page after page
>> of ad-filled women’s magazines, as well as packaging elements such as
>> hairnet envelopes, hosiery, handkerchief and hat boxes, constitute an
>> important part of the collection. Most of the material is American in
>> origin.
>> >
>> > The collection seems of most immediate interest to women’s history
>> classes, but American literature, communication arts (especially
>> marketing), medical history, design, and other fields should also find it
>> useful. It is also simply a pleasure to browse!
>> >
>> > Please pass this message along to others at your institution.
>> >
>> > The fully searchable and browsable  online collection homepage is
>> athttp://digital.library.wisc.edu/1711.dl/GenderStudies.DovieHorvitz
>> >
>> > An article about the collection is at
>> http://www.library.wisc.edu/news/2014/10/13/dovie-horvitz-collection-showcases-extraordinary-evolution-of-ordinary-women/
>> .
>> >
>> >
>> > Phyllis Holman Weisbard
>> > Women's Studies Librarian Emerita
>> > [email protected]
>>
>> _______________________________________________
>> fembot mailing list
>> [email protected]
>> https://lists-prod.uoregon.edu/mailman/listinfo/fembot
>>
>>
>>
>> --
>>
>> Sarah Stierch
>>
>> -----
>>
>> Diverse and engaging consulting for your organization.
>>
>> www.sarahstierch.com
>>
>> _______________________________________________
>> Gendergap mailing list
>> [email protected]
>> https://lists.wikimedia.org/mailman/listinfo/gendergap
>>
>>
>> _______________________________________________
>> Gendergap mailing list
>> [email protected]
>> https://lists.wikimedia.org/mailman/listinfo/gendergap
>>
>>
>
>
> --
>
> Sarah Stierch
>
> -----
>
> Diverse and engaging consulting for your organization.
>
> www.sarahstierch.com
>
> _______________________________________________
> Gendergap mailing list
> [email protected]
> https://lists.wikimedia.org/mailman/listinfo/gendergap
>
>
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