If the NPG were a governmenet agency with a remit to maximise the commercial value of its information then I could understand that it would claim the commercial exemption from FOI.
But their remit is to make their collection available to the Public and they object to us helping them do that? I'm not sure what "This exemption is public interest tested." means, but I'd like to think that we could dispute any attempt by them to restrict Public access to the photos of the paintings that they are looking after and supposedly displaying to the public. ~~~~ --- On Sun, 12/7/09, Peter Coombe <thewub.w...@googlemail.com> wrote: > From: Peter Coombe <thewub.w...@googlemail.com> > Subject: Re: [Wikimediauk-l] [Foundation-l] "sue and be damned" FOI to NPG > To: wikimediauk-l@lists.wikimedia.org > Date: Sunday, 12 July, 2009, 11:18 AM > But even if FOI is deemed to apply to > photographs of artwork, they could release the files and > still maintain their claim of copyright > http://www.dca.gov.uk/foi/yourRights/index.htm#receive > > > They could also claim commercial interest (IMO reasonably) > as a reason not to comply with such a FOI request, but this > is at least tested against the public interest. > http://www.dca.gov.uk/foi/yourRights/exemptions.htm#43 > > > Pete / the wub > > > > 2009/7/12 Dahsun <dah...@yahoo.com> > > > > I agree that the WMUK shouldn't get directly involved, > but if without making any reference to the case in hand they > request the same information under the FOI then I would have > thought they were indirectly rather than directly involved. > > > > > As for whether the FOI has an exemption for artwork, well > I'd be interested in what the lawyers have to say on > this as there is some legalese in the legislation that I > can't get my head around. > > > > However the National Portrait Gallery has its own handy > http://www.npg.org.uk/about/foi.php > section on FOI, and I don't read that as containing any > substantial claim of exemption from the Act for the gallery. > They also have some fine objectives including "the > provision of access to the national collection of portraits > for all sections of the population" but reassuringly > not "the restriction of access to the national > collection of portraits only to those who can visit the > gallery in person" or "maximising of the > commercial use of the images" ~~~~ > > > > > --- On Sat, 11/7/09, David Gerard <dger...@gmail.com> > wrote: > > > > > From: David Gerard <dger...@gmail.com> > > > Subject: Re: [Wikimediauk-l] [Foundation-l] "sue > and be damned" FOI to NPG > > > To: wikimediauk-l@lists.wikimedia.org > > > Date: Saturday, 11 July, 2009, 1:00 PM > > > 2009/7/11 Dahsun <dah...@yahoo.com>: > > > > > > > Perhaps the air would be slightly clearer if > Wikimedia > > > UK were to make Freedom of Information Act requests to > the > > > NPG and other Publicly funded galleries for the > highest def > > > digital photos they have available of any artworks in > their > > > possession. > > > > > > > > > WMUK getting directly involved in this would be very > bad > > > for WMUK's > > > (legal) perceived separation from WMF. Of course, > WMUK > > > could > > > meaningfully comment that "claiming copyright on > something > > > four > > > hundred years old is more than a little odious - > it's not > > > like the > > > painter will paint another painting if only th NPG can > make > > > legal > > > threats." > > > > > > That said, your approach is most certainly > particularly > > > amusing :-D I > > > expect they'd claim these were commercial works > and the > > > core of their > > > business or somesuch. > > > > > > > > > - d. > > > > > > _______________________________________________ > > > Wikimedia UK mailing list > > > wikimediau...@wikimedia.org > > > http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l > > > WMUK: http://uk.wikimedia.org > > > > > > > > > > > > > _______________________________________________ > > Wikimedia UK mailing list > > wikimediau...@wikimedia.org > > http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l > > WMUK: http://uk.wikimedia.org > > > > > -----Inline Attachment Follows----- > > _______________________________________________ > Wikimedia UK mailing list > wikimediau...@wikimedia.org > http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l > WMUK: http://uk.wikimedia.org > _______________________________________________ Wikimedia UK mailing list wikimediau...@wikimedia.org http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l WMUK: http://uk.wikimedia.org
