I am recently engaged in a conversation with [[User:Kimberlyblaker]], who
uploaded a fair amount of old, 19th century pictures onto Commons,
including the album of places in Cambridge (see below) which is of
particular interest to me.

What stumbled me was the copyright status of these images - are they in the
public domain? If they aren't, is it due to publication right, and is
Kimberly Blaker (& co.) the rightful copyright holder of them?

Deryck

---------- Forwarded message ----------
From: New Boston Fine and Rare Books <[email protected]>
Date: 8 February 2012 17:06
Subject: Re: Unidentified locations
To: Deryck Chan <[email protected]>


  Dear Deryck,
Thanks again, for the additional identification and for inviting assistance
through twitter.

As to the copyright, I truly appreciate your help with this. Here is what I
can tell you, so that you can better assess the copyright. I have an
original 19th century album with original 19th albumen prints of these
images. The album does not appear to have ever been published. There is no
title (except for a paper label that errantly labeled it as “Oxford”. There
is no title page, copyright page, author, publisher, photographer, anything
whatsoever inside. The only identification is a late 20th century bookplate
on which it was handwritten “Oxford University, pictures taken for William
Winfield, circa middle 19th century, given to Robert Winfield early 1970s.
This album formerly owned by William Winfield.” Obviously the “Oxford” note
is incorrect. I assume the other details are probably correct. It is
probably a family heirloom that had been handed down.

I have searched extensively, and cannot locate any of these identical
images online. So I have to assume they may have never been reproduced and
was likely a collection an early photographer did for himself or as a gift
for a friend.

With this in mind, aside from the photographs being compiled in a photo
album, it seems that it would still fall under a previously unpublished
work. I own the original work, have photographed the work, and have now
published the work online via my own website. So I think, I am now the
official copyright holder? I’m not an expert in copyright law but have some
general understanding of it. You are probably better versed in this?

Sincerely,

Kimberly Blaker, President
New Boston Fine and Rare Books <http://www.newbostonfineandrarebooks.com/>
520-395-1363

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Take 19th century photographic
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 *From:* Deryck Chan <[email protected]>
*Sent:* Wednesday, February 08, 2012 9:11 AM
*To:* New Boston Fine and Rare Books <[email protected]>
*Subject:* Re: Unidentified locations

Dear Ms Blaker,

Also identified:
http://commons.wikimedia.org/wiki/File:Pepys_Library_c1870.jpg
This one is Pepys Library in Magdalene College. I've also posted links to
the Wikimedia Commons pictures from Twitter asking others in Cambridge
University to help identify the remaining unidentified locations.

As for the copyright notice, I think I previously made the mistake of
thinking the photos came from a collection *published* in the 1870s, which
would be automatically out of copyright. However, I have now realised that
the pictures are actually from a previously unpublished private collection,
which means as copy-holder and publisher your company should enjoy 25 years
of publication right... wait it's a previously unpublished British work
uncovered in the United States... argh! (
http://commons.wikimedia.org/wiki/Commons:Hirtle_chart)

Deryck

On 8 February 2012 14:42, New Boston Fine and Rare Books <
[email protected]> wrote:

>   Hi Deryck,
>
> Thank you for identifying these images! I’ve added this information to my
> website.
>
> If only I could determine the original photographer. Many of the originals
> are contact prints, but they had been trimmed, so identifying information
> is missing. Though when scanned and enlarged, I could see hand etched in
> the plate of the Master’s Garden was “J. Murray”, I believe. Though it’s
> hard to say if that’s the actual photographer as there was other random
> etching in the plate as well. If you have any idea where I might discover
> the photographer, possibly through Cambridge’s collections, etc., please
> let me know.
>
>   Best,
>
> Kimberly Blaker, President
> New Boston Fine and Rare Books <http://www.newbostonfineandrarebooks.com/>
> 520-395-1363
>
> Like us on 
> Facebook<http://www.facebook.com/pages/New-Boston-Fine-and-Rare-Books/121288917973623?sk=app_174236709278965>and
>  find a
> *valuable coupon* offer on our Welcome tab!
>
> We're also on Twitter <https://twitter.com/#%21/NewBostonBooks>, 
> LinkedIn<http://www.linkedin.com/profile/view?id=160234854&trk=tab_pro>,
> MySpace <http://www.myspace.com/578101465>, and 
> Tumblr<http://www.tumblr.com/blog/newbostonfineandrarebooks>
> .
>
> Enter our FREE 
> drawing<http://www.newbostonfineandrarebooks.com/?page=shop/disp&pid=page_WebHeaderVote&CLSN_1291=13273272391291744a09973e38c9db6b>for
>  a chance to
> *win a new leather bound Easton Press book*.
>
> Take 19th century photographic 
> tour<http://www.newbostonfineandrarebooks.com/?page=shop/disp&pid=page_Cambridge1&CLSN_1291=132698937012912a313e3d14cf968d0e>of
>  Cambridge University.
>
> And be sure to 
> subscribe<http://www.newbostonfineandrarebooks.com/?page=shop/disp&pid=page_Newsletter&CLSN_1291=13273272391291744a09973e38c9db6b>to
>  our
> *newsletter *for future updates.
>
>
>  *From:* [email protected]
> *Sent:* Wednesday, February 08, 2012 2:47 AM
> *To:* [email protected]
> *Subject:* Unidentified locations
>
> Hello,
>
> I am a current undergraduate of Cambridge University, and came here after
> seeing the uploads your team has made onto Wikimedia Commons.
>
> I'm writing to inform you the locations of the two unidentified pictures:
>
> http://www.newbostonfineandrarebooks.com/home//Cambridge University/57
> cambridge university.jpg
> Gatehouse of St. John's College, Cambridge
>
> http://www.newbostonfineandrarebooks.com/home//Cambridge University/58
> cambridge university.jpg
> Chapel of Magdalene College, Cambridge
>
> I also noticed that the author's copyright of the pictures have expired,
> and will .update the copyright licences of the pictures accordingly.
>
> Regards,
> Deryck Chan
>
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