07-17-2009, 02:20 PM | #1 | |
Wizard
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Wikipedia Painting Row (Public Domain Scan Issue)
Something interesting for those of us with an interest in public domain / copyright issues:
http://news.bbc.co.uk/2/hi/technology/8156268.stm Quote:
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07-17-2009, 02:42 PM | #2 |
Exwyzeeologist
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I've seen people getting in an uproar over all over the place for a few days now. My question is this: How is this really any different than a PD book being published by Penguin or Random House? The material contained in the book is PD, but that particular manifestation of it is copyrighted (the presentation and specific formatting).
Images are the same way. It's not like they magically made themselves appear in a photograph (or jpg). A photographer had to spend some time ensuring the conditions were just right to get a good picture of the work (which isn't exactly simple because classic artwork can be very reactive to light--hence the 'no flash photography' rules in most museums). In that instance, like the book, the material contained within the image is PD, but the image itself is copyrighted. |
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07-17-2009, 02:59 PM | #3 | ||
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Quote:
Quote:
- Ahi Last edited by ahi; 07-17-2009 at 03:03 PM. |
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07-17-2009, 04:25 PM | #4 |
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There are differences between copyright of images and copyright of text. I can't remember that much about this issue, but I understand that here we are talking abour 2D (two-dimensional) copies of paintings, and in that case I'd think that the art gallery has a resonable case. As far as I remember, the owner of an image has the copyright to 2D reproductions (at least under USA and European laws/agreements).
As for Google scans; to claim copyright of the scan, it would have to be considered an image, and not a text. My understanding is that in this case, it would actually be the original publisher who held the copyright to 2D reproductions - but only if the scan of the page was considered an image and not a text. Disclaimer: I haven't really read much about the case, so I might be miles off with this. |
07-17-2009, 06:03 PM | #5 |
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In my estimation this phrase from wiki right here - (while also controlling access to the physical objects) should get NPG's claim tossed out with prejudice.
Even in an imperfect but halfway trying world. Defacto seizure of public domain property is an illegal monopoly. |
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07-17-2009, 08:16 PM | #6 |
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I'm a little bit confused about this, it seems that if the works are public domain, surely some kind soul would walk into the gallery and take some snaps of the works, putting the gallery out of the loop.
The gallery is obviously trying to look after their self-interest and doing so in a way that hurts the flow of information and knowledge on the Internet (something you wouldn't think a gallery would do). Probably an economic rationalist running the gallery who has decided that the collection of revenue for the gallery trumps the free sharing of art online. |
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