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 -----Original Message----- From: mcn-l-bounces at mcn.edu [mailto:mcn-l-bounces at mcn.edu] On Behalf Of mcn-l-requ...@mcn.edu Sent: Friday, March 14, 2014 8:00 AM To: mcn-l at mcn.edu Subject: mcn-l Digest, Vol 103, Issue 8 Send mcn-l mailing list submissions to mcn-l at mcn.edu To subscribe or unsubscribe via the World Wide Web, visit http://mcn.edu/mailman/listinfo/mcn-l or, via email, send a message with subject or body 'help' to mcn-l-request at mcn.edu You can reach the person managing the list at mcn-l-owner at mcn.edu When replying, please edit your Subject line so it is more specific than "Re: Contents of mcn-l digest..." Today's Topics: 1. Different Copyrights / Different Image Resolutions (Glen Barnes) 2. Re: Different Copyrights / Different Image Resolutions (Bryan Kennedy) 3. Unsubscribe (Rothbaum, Rachel) ---------------------------------------------------------------------- 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 perspective is "no". If anyone has different authority, > or an organizational policy with respect to this, it would be > enormously helpful if you could share that, on or off this list. > > Where a CC license is properly attached to any image, the terms of > that specific CC license would apply to all resolutions and sizes of that > image. > > All best, > Virginia > (formerly VP and GC of Creative Commons) > > > > > > > > > >________________________________ > > From: "Edson, Michael" <EDSONM at si.edu> > >To: Museum Computer Network Listserv <mcn-l at mcn.edu> > >Sent: Wednesday, March 12, 2014 10:24 AM > >Subject: Re: [MCN-L] Different Copyrights / Different Image > >Resolutions > > > > > >It's a great question and a fascinating topic, Kate. > >I've cross-posted this question over to the Open Knowledge > >Foundation's Open-GLAM mailing list. (I'm pretty sure the discussions > >are available in a public archive, I just can't put my finger on the > >link right now. D'oh!) > > > >As a point of reference/argument, I'd like to see OKFN's Open Glam > >Principles (http://openglam.org/principles/) champion the practice of > >providing equal/permissive rights to all derivatives of a given > >image/resource. > > > >I've often seen institutions congratulate themselves on providing > >"open access to collections", when what they're actually doing is > >providing a somewhat restrictive license on thumbnail images, and > >enclosing higher quality images behind a more restrictive > >licensing/access regimen or paywall. > > > >There are many instances, particularly in research and for re-use, in > >which access to a thumbnail is no help at all. Of course, it's > >certainly within the property owner's rights to do this, but I'd > >prefer that these graduated access arrangements not be confused with > >the kind of open environments that the Getty, the National Gallery of > >Art, the Walters, the Rijksmuseum, and many others are > providing. > > > >;) > > > > > > > >On 3/12/14 11:11 AM, "Amalyah Keshet" <akeshet at imj.org.il> wrote: > > > >>Kate: > >> > >>If an image is a protected (copyrighted) work, it doesn't matter > >>what size or format it's in. It's protected, and the copyright > >>holder has the exclusive right to reproduce and distribute it and to > >>make derivatives of it. (Thumbnail images for purposes of > >>identification, for example in a database or search engine, would be > >>the possible exception.) > >> > >>However, that doesn't mean one cannot make an institutional policy > >>decision to treat different formats and sizes differently in terms > >>of how you distribute, license, or give away image files for various > >>purposes. This follows from the above. > >> > >>Amalyah Keshet > >>Chair, MCN IP > SIG > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >>Amalyah Keshet > >>Head of Image Resources and > >>Tel. +972-2-6708064 > >> > >>Fax +972-2-6771340 > >>akeshet at imj.org.il > >>The Israel Museum, Jerusalem > >> > >> > >> > >> > >>-----Original Message----- > >>From: mcn-l-bounces at mcn.edu [mailto:mcn-l-bounces at mcn.edu] On Behalf > >>Of Kate Blanch > >>Sent: 12 March, 2014 4:58 PM > >>To: 'mcn-l at mcn.edu' > >>Subject: [MCN-L] Different Copyrights / Different Image Resolutions > >> > >>Hello MCN, > >>This may be a rather dense question regarding > copyright law...but as it's > >>outside my area of expertise I figured this community could provide > >>a great reference point. My own research is not turning up an good > >>answers/examples either! > >> > >>Do any institutions assign different copyright statements to > >>derivatives of the same image, depending on that image's resolution? > >> > >>Take for example, a photo of a Greek urn in a museum collection. > >>Would it be common practice for a high-resolution TIFF of this photo > >>to bear a "(c)Museum Institution, 2014" statement, while a > >>medium-resolution JPG of the same photo would bear a "(c) Creative Commons > >>License"? > >> > >>Does this scenario fit within basic copyright law or guidelines? > >>If anyone is differentiating copyright statements based on image > >>resolution, do you have this policy written/documented in a > >>shareable > way? > >> > >>Thanks for any feedback you might > have! > >> > >> > >>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< > https://urldefense.proofpoint.com/v1/url?u=http://www.t > >> > hewalters.org/&k=diZKtJPqj4jWksRIF4bjkw%3D%3D%0A&r=OrleOIb4%2FRXNkzweN > OIBM > > >>A%3D%3D%0A&m=wL0PXJcQg%2Bvw13a7za8xzkNTUBz%2Fpc8H9qCXT9PYrng%3D%0A&s > >>=3c1cd > >>ed5fd5b36c4476d444291c8025dbd4b25cf6bf0219ed9449f2357981d31> > >> > >>_______________________________________________ > >>You are currently subscribed to mcn-l, the listserv of the Museum > >>Computer Network ( > https://urldefense.proofpoint.com/v1/url?u=http://www.mcn.edu/&k=diZKt > JPq > > >>j4jWksRIF4bjkw%3D%3D%0A&r=OrleOIb4%2FRXNkzweNOIBMA%3D%3D%0A&m=wL0PXJ > >>cQg%2B > > >>vw13a7za8xzkNTUBz%2Fpc8H9qCXT9PYrng%3D%0A&s=c1db4be32e3cfa28c1554916 > >>868a1d > >>9c0310327bdf458aa6292cf98ccbec0639) > >> > >>To post to this list, send messages to: mcn-l at mcn.edu > >> > >>To unsubscribe or change mcn-l delivery options visit: > >> > https://urldefense.proofpoint.com/v1/url?u=http://mcn.edu/mailman/list > info > > >>/mcn-l&k=diZKtJPqj4jWksRIF4bjkw%3D%3D%0A&r=OrleOIb4%2FRXNkzweNOIBMA% > >>3D%3D% > > >>0A&m=wL0PXJcQg%2Bvw13a7za8xzkNTUBz%2Fpc8H9qCXT9PYrng%3D%0A&s=a850c0b > >>0fd549 > >>5d5c075e4eabecee4134a464e0d39988add52fee3dfa4795882 > >> > >>The MCN-L archives can be found at: > >> > https://urldefense.proofpoint.com/v1/url?u=http://mcn.edu/pipermail/mc > n-l/ > > >>&k=diZKtJPqj4jWksRIF4bjkw%3D%3D%0A&r=OrleOIb4%2FRXNkzweNOIBMA%3D%3D% > >>0A&m=w > > >>L0PXJcQg%2Bvw13a7za8xzkNTUBz%2Fpc8H9qCXT9PYrng%3D%0A&s=af428652d17fe > >>7f2045 > >>077dcf7e52fc8d0870c79dd219241a7fe2d7368f36be2 > > > >_______________________________________________ > >You are currently subscribed to mcn-l, the listserv of the Museum > Computer Network (http://www.mcn.edu) > > > >To post to this list, send messages to: mcn-l at mcn.edu > > > >To unsubscribe or change mcn-l delivery options visit: > >http://mcn.edu/mailman/listinfo/mcn-l > > > >The MCN-L archives can be found at: > >http://mcn.edu/pipermail/mcn-l/ > > > > > > > > _______________________________________________ > You are currently subscribed to mcn-l, the listserv of the Museum > Computer Network (http://www.mcn.edu) > > To post to this list, send messages to: mcn-l at mcn.edu > > To unsubscribe or change mcn-l delivery options visit: > http://mcn.edu/mailman/listinfo/mcn-l > > The MCN-L archives can be found at: > http://mcn.edu/pipermail/mcn-l/ > ------------------------------ Message: 3 Date: Thu, 13 Mar 2014 21:42:31 +0000 From: "Rothbaum, Rachel" <rachel.rothb...@metmuseum.org> To: "mcn-l at mcn.edu" <mcn-l at mcn.edu> Subject: [MCN-L] Unsubscribe Message-ID: <CF479E85.3A3FD%rachel.rothbaum at metmuseum.org> Content-Type: text/plain; charset="us-ascii" Unsubscribe Rachel Rothbaum Interactive Media Producer The Metropolitan Museum of Art Digital Media Department T 212.650.2044 | F 212.650.2553 ------------------------------ _______________________________________________ mcn-l mailing list mcn-l at mcn.edu http://mcn.edu/mailman/listinfo/mcn-l End of mcn-l Digest, Vol 103, Issue 8 *************************************
