Re: "It is certainly strange to me that some cultural organisations pursue
image licensing as a loss making venture that also borders on copyfraud..."

I'm hoping that museums will still want to spend money on digitising their
content. But we need to be realistic, if they can't subsidise that by
getting at least some of the money back from image licensing, they may do
less of it.

Of course rumour has it that some institutions weren't even getting as much
from image licencing as it cost them to market and sell those images. My
hope is that fewer institutions will think of digitisation in terms of
fundraising and more in terms of fulfilling their mission of preserving and
recording their collection and making their collections available to all.

But my fear is that there will be more items that can only be seen if
visited and the only available images are photos of the painting on mugs
and jigsaws from the museum shop.

Jonathan



On Wed, 3 Jan 2024 at 14:39, Andy Mabbett <[email protected]> wrote:

> On Wed, 3 Jan 2024 at 09:39, Deryck Chan <[email protected]> wrote:
> >
> > I'm slightly confused by the article. It refers to THJ vs Sheridan (2023)
> > but that ruling was about software-generated graphs and said nothing
> > about reproducing out-of-copyright content?
>
> It doesn't need to. It clarifies the conditions under which a
> copyright is created; the subject matter is immaterial.
>
> See paragraphs 14-16 ("The Law"), in particular:
>
> "What is required [for copyright to exist] is that the author was able
> to express their creative abilities in the production of the work by
> making free and creative choices so as to stamp the work created with
> their
> personal touch [...] This criterion is not satisfied where the content
> of the work is dictated by technical considerations, rules or other
> constraints which leave no room for creative freedom"
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