I downloaded several of the Smithsonian images off the Flickr site and
inspected the embedded metadata headers. 

Although the "non-profit group" made an attempt to harvest the
associated information about each of the images from the website and
then embedded it into the Exif portion of the file headers (not a method
noted for reliable results when performing bulk edits) that was then
used by Flickr to display the metadata, the files downloadable off the
site have been stripped of all headers. 

By encouraging the public to bypass the Smithsonian site and download
the images off of Flickr, this group has effectively removed all
provenance from these images. Although the presumably correct data is
displayed next to the image on the Flickr site, once downloaded, the
user no longer has any record of this information. The true image title,
photographer, object information or any other means of identifying the
image have been removed from the file. If a larger resolution image was
required, there would be virtually no way to request it: "I want the one
of the big green bug. You know, the cool one..." The SI archivist could
look up the file name on Flickr I suppose...

The legalities of the Smithsonian Photography Initiative aside, the
primary purpose of the site is to provide public access to important
images - placed within their original context. As museum professionals,
we are all aware that provenance matters. 

  - Rebecca Snyder, NMNH

-----Original Message-----
From: mcn-l-bounces at mcn.edu [mailto:[email protected]] On Behalf Of
David Hughes
Sent: Thursday, May 24, 2007 11:50 AM
To: Museum Computer Network Listserv
Subject: Re: [MCN-L] IP SIG: Group defies Smithsonian copyright claim

Here's the answer, from the "letter to 'The Internet'" this group wrote.

"We downloaded all 6,288 images, scraped the metadata from the html
pages, and embedded the metadata in the .jpg headers. These images are
low-resolution and contain a watermark, and were all previously
available on-line."

So it was a combination of cut and paste, then embedding into the JPEG
via EXIF fields.


Associate, Old Colorado City Historical Society Colorado Springs, CO



> What is EXIF data?
>
> Almost all new digital cameras save JPEG (jpg) files with EXIF 
> (Exchangeable Image File) data. Camera settings and scene information 
> are recorded by the camera into the image file. Examples of stored 
> information are shutter speed, date and time, focal length, exposure 
> compensation, metering pattern and if a flash was used.
>
>
> -----Original Message-----
> From: mcn-l-bounces at mcn.edu [mailto:mcn-l-bounces at mcn.edu] On Behalf 
> Of David Hughes
> Sent: Thursday, May 24, 2007 11:24 AM
> To: Museum Computer Network Listserv
> Subject: Re: [MCN-L] IP SIG: Group defies Smithsonian copyright claim
>
> Very slippery slope.
>
> Of lesser import but still curious... how did whomever posted these to

> Flicker migrate any associated metadata?  Cut and paste?
>
> david hughes
>
> Associate, Old Colorado City Historical Society Colorado Springs, CO
>
>
>
>
>
>> 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_defi
>>> e
>>> s_
>> 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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>
>
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