No, the point was that their day-contract terms did NOT make them federal 
workers.

Amalyah Keshet


----- Original Message ----- 
From: "Chad Petrovay" <[email protected]>
To: "Museum Computer Network Listserv" <mcn-l at mcn.edu>
Sent: Wednesday, May 23, 2007 9:02 PM
Subject: Re: [MCN-L] IP SIG: Group defies Smithsonian copyright claim


> RE: "Not all of their photographs are created by Smithsonian employees,
> but by for-hire photographers.  Thus they are indeed protected by
> copyright, transferred by the photographer to the Smithsonian."
>
> If these photographers were hired using federal funds then they might be
> considered federal workers (in their contract capacity), giving favor to
> the argument that the photographs are part of the public domain.
>
> It's a very slippery slope.
>
>
> Chad M Petrovay
> Collections Database Administrator
> The Walters Art Museum
> 600 North Charles Street
> Baltimore, MD  21210
> P: 410.547.9000 x266
> F: 410.837.4846
> cpetrovay at thewalters.org
>
> www.thewalters.org
>
> Exhibitions:
> Gee's Bend: The Architecture of the Quilt on view June 15 - August 26
> Linda Day Clark: The Gee's Bend Photographs on view June 15 - September
> 2
>
>
>
> -----Original Message-----
> From: mcn-l-bounces at mcn.edu [mailto:mcn-l-bounces at mcn.edu] On Behalf Of
> amalyah keshet
> Sent: Wednesday, May 23, 2007 1:40 PM
> To: mcn-l at toronto.mediatrope.com
> Subject: [MCN-L] IP SIG: Group defies Smithsonian copyright claim
>
>
>>http://www.boston.com/ae/theater_arts/articles/2007/05/18/group_defies_
> smithsonian_copyright_claim/
>>
>
> Group defies Smithsonian copyright claim
>
>>Brett Zongker
>>The Associated Press
>>May 21, 2007
>>
>>Grabbing pictures of iconic Smithsonian Institution artifacts just
>>got a whole lot easier.
>>
>>Before, if you wanted to get a picture of the Wright Brothers'
>>plane, you could go to the Smithsonian Images Web site and pay for a
>>print or high-resolution image after clicking through several
>>warnings about copyrights and other restrictions -- and only if you
>>were a student, teacher or pledging not to use it to make money.
>>
>>Now, you can just go to the free photo-sharing Web site flickr.com.
>>A nonprofit group is challenging the copyrights and restrictions on
>>images being sold by the Smithsonian. But instead of going to court,
>>the group downloaded all 6,288 photos online and posted them
>>Wednesday night on the free Internet site. (more)
>
>
> BTW, regarding the claim that all Smithsonian photos are in the
> public domain because they were created by government employees:
> several years ago I checked this out.  Not all of their photographs
> are created by Smithsonian employees, but by for-hire
> photographers.  Thus they are indeed protected by copyright,
> transferred by the photographer to the Smithsonian.
>
>
>
> Amalyah Keshet
> Head of Image Resources & Copyright Management
> The Israel Museum, Jerusalem  www.imj.org.il
> Chair, MCN IP special interest group www.mcn.edu
> Blog  www.musematic.net
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