On Sat, Nov 7, 2009 at 10:11 AM, Craig Franklin <cr...@halo-17.net> wrote: > Hi Peter, > > Unfortunately the physical objects that the collection is based upon (the > glass plate negatives) are in a locked cupboard somewhere in the QM > warehouse, so the possibility of getting our hands on them and making our own > copies are fairly remote. > > I've deliberately worded the info in the infobox to be slightly ambiguous - > QM *claim* copyright on the digitisation (much the same as the NPG in the > UK), but there has not been a legal case here in Australia to my knowledge or > the knowledge of QM's copyright people to confirm whether the "sweat of the > brow" doctrine would hold up in an Australian court. We only say that QM > "assert" copyright over the digitisation, not that we recognise that > particular claim. And because the digitisation part is then released under a > free, acceptable licence, the whole shebang is fine to go on Commons.
the template is here: [[commons:Template:QM_Infobox]] watchlist it! ;-) > The images are tagged PD because they are unquestionably PD in the United > States, which is what really matters in this case, but it's worth mentioning > that there is a possible bit of CC-BY-SA-3.0 in there just so that nobody in > Australia or the UK gets caught out. A similar example of a claim like this is: http://commons.wikimedia.org/wiki/File:Phineas_Gage_Cased_Daguerreotype_WilgusPhoto2008-12-19_Unretouched_Color.jpg and the derivative http://commons.wikimedia.org/wiki/File:Phineas_Gage_Daguerreotype_WilgusPhoto2008-12-19_CroppedInsideMat_Unretouched_BW.jpg Legally we are better off having a CC image than a PD image - the definition of the latter can change. For cases like this, it would be nice to have a CC-0-digitised-attribution license which requires attribution of the digitiser, but does not assert copyright over it. nice work Craig! -- John Vandenberg _______________________________________________ Wikimediaau-l mailing list Wikimediaauemail@example.com https://lists.wikimedia.org/mailman/listinfo/wikimediaau-l