Not everyone is blessed with your easy-going tolerance and automatic assumption 
of good faith.

-----Original Message-----
From: Wikimedia-l [] On Behalf Of 
Rogol Domedonfors
Sent: Saturday, August 19, 2017 10:16 PM
To: Wikimedia Mailing List
Subject: Re: [Wikimedia-l] Canmore database and claims of copyright on public 
domain works


You seem rather too quick to leap to the conclusion that anyone who disagrees 
with you on intellectual property has an imperfect understanding or is 
consciously committing "copyfraud".  Have you made any attempts whatsoever to 
engage with the organisation in question to find what their position is and 
consider whether it might have some merits?  Have you considered that if you 
were to approach them in a less aggressive fashion, they might be happy to work 
with you or others to release their collection?

Alternatively, if you are absolutely confident that your understanding of the 
law is correct and theirs is not, then you are at no risk of being successfully 
prosecuted, so what is your problem?


On Sat, Aug 19, 2017 at 4:31 PM, Fæ <> wrote:

> The Canmore database,, describes itself as the 
> "online catalogue of the National Record of the Historic Environment.
> It holds detailed information and archive images for more than 300,000 
> places in Scotland." Canmore is part of Historic Environment Scotland 
> (HES).
> I'm aware that Wikimedia UK has helped to fund several projects in 
> Scotland, so there is a network of contacts that could help take a 
> look at the problematic claims of copyright. Perhaps someone can offer 
> to take action to help Historic Environment Scotland reach a better 
> understanding of copyright and avoid basic copyfraud errors?
> In theory this could be a marvelous reference resource for open 
> knowledge about the history of Scotland, but the online catalogue 
> seems more like a retail outlet geared to maximise the cash to be made 
> from selling archive images, many of which are obviously public 
> domain. There are two basic problems:
> * The online archive is limited to 800px width images, with website 
> users directed to buy higher resolutions which are claimed to be a 
> minimum of 3,000 pixels wide.
> * Regardless of age, source or photographer all images are claimed as 
> copyright with the conditions including "No permission is given for 
> any commercial use, distribution or reproduction in these terms.
> Please use the BUY option for these purposes and separate licences 
> will be provided."
> I would be delighted to release some of the public domain collections 
> from Canmore at high resolution to Wikimedia Commons, but at the 
> moment it's all locked down. In fact were I to try to release the 
> disappointingly small 800px versions of public domain images, even 
> using the "required" attribution to RCAHMS (which no longer exists), I 
> would be at personal risk of prosecution by HES based on the site 
> terms and conditions. See examples 1 and 2.
> Examples:
> 1. Photograph of Hanover Street taken in 1870 by an unknown 
> photographer, making it likely to have been public domain from 1898.
> 2. Over 950 photographs taken by Francis M Christal, who died in 1944, 
> making all photographs public domain in 2014:
> KEYWORD=Francis%20M%20Chrystal&collection_items_page=40
> Thanks,
> Fae
> --
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