On Mon, 12 Aug 2019 at 23:40, Aron Manning <aronmanni...@gmail.com> wrote:

> 1st article
> <https://www.nytimes.com/2019/03/20/us/slave-photographs-harvard.html> is
> about commercial use (NC): "the university is illegally profiting from the
> images by using them for “advertising and commercial purposes,” such as by
> using Renty’s image on the cover of a $40 anthropology book."

You're quoting out of context. The words you quote are proceeded by
"The lawsuit says that...". So it's no more than an allegation, which
may well prove to be false. No argument is made, that an "NC" licence
could be applied to images that were taken "almost 170 years " ago and
whose copyright has therefore almost certainly expired. If such images
were published by a GLAM under an NC licence, we'd likely ignore it
and treat them as PD.

> 2nd article
> <https://s3.amazonaws.com/documents.lexology.com/10a84c6c-538e-41d6-816e-f61460946a79.pdf>
> is
> about derivative work (ND): "The past year has had several high profile
> examples of the perceived misuse of Native American culture find
> significant echo in the media. These include a Victoria’s Secret model
> wearing a headdress during a fashion show, the No Doubt music bands
> ’cowboys and Indians' themed music video, and the use of the “Navajo” name
> and symbols on various goods by the clothing company Urban Outfitters
> attracting legal proceedings for misrepresenting the products’ origins as
> well as public ire."

The original is paywalled for me, but from what you quote, none of
those case studies concerns the use of media which could have been
released under an NC licence, and no argument is made that such a
licence could be applied to anything which would prevent such cultural

> It's my conclusion these "explain the need" for *some* solution to disallow
> such usages. NC and ND is one way to express this prohibition.

I see no basis for concluding that NC or ND address the probelm to
which you refer. Perhaps you would care to
elaborate on your reasoning, with examples?

Andy Mabbett

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