Hello
here in Patagonia Argentina our archive of photographs
www.koluel.org
one regards
gus
2013/6/14 Collins, Kim <[log in to unmask]>
> Dear ARLIS/NA,
> Thanks for all your helpful answers.
> It does sound like several institutions are sharing digitized images of
> photographs on the web for which they don't have copyright ownership (w/
> explicit or implied utilization of fair use.)
>
> See below for examples of wording these institutions use to:
> 1. explain the difficulty of determining copyright,
> 2. waive their liability,
> 3. transfer responsibility to the enduser, and
> 4. ask for right-holders to come forward and claim "orphan" photographs.
> Sincerely,
> Kim
> ***********************
>
> I work at George Mason University Special Collections and Archives and
> we are currently digitizing a collection of ~300 photos that are snapshots
> / scrapbook photos from the 1940s. Staff from the libraries found the
> collection in a dumpster some years back so they are orphaned works. We are
> planning to put these images online using our digital asset management
> system (LUNA) under an assertion of fair use and our rights statement will
> look like:
>
>
>
> "This work may be protected by copyright laws and is provided for
> educational and research purposes only. Any infringing use may be subject
> to disciplinary action and/or civil or criminal liability as provided by
> law. If you believe that you are the rights-holder and object to Mason's
> use of this image, please contact [log in to unmask]"
>
> ****************
>
> We, at the Charles Voorhies Fine Art Library, are working on a
> digitization project of a number of slides that were part of a slideshow
> for an oral history project that includes a bunch of our more esteemed
> faculty. Some of the photos were taken by the interviewers, but a large
> number of them are of uncertain provenance. Here's the text we're including
> with each image:
>
> Reproductions are intended for personal use, study, research or classroom
> teaching. Any fair use, as defined by copyright law (
> http://www.copyright.gov/fls/fl102.html), is acceptable.
>
> Copyright of photographs may be difficult to determine. In many instances
> PNCA is not the rights holder under copyright law. Therefore, it is
> unlikely that we will be able to grant permission for publication,
> exhibition, or reproduction; nor can we guarantee the photograph is in the
> public domain. Users must assume full responsibility for questions of
> potential copyright violation in their use of the photograph.
>
> At this time, our images are not available to the public, but there are
> plans to have some of them available in the future.
>
> ************
>
> I'm sure you know of the Flickr Commons project piloted by the Library of
> Congress. Their licensing is a specialized one on Flickr, something like
> 'no known copyright.' They essentially use the 'due diligence' argument to
> release the work into the public domain. I'm not saying you need to join
> the Commons, but you could certainly look into the legal implications of
> using a similar license warning. The Rijksmuseum in Amsterdam is doing
> something even more interesting, which is asserting that their collections
> are in the public trust, and thus high-res downloads are being made free
> for non-commercial use. You can either make your users aware of an 'at your
> own risk' use and waive your own liability after due diligence in finding
> copyright limitations, or you can show your institution isn't making a
> profit and isn't allowing anyone else to do so.
>
> ********************
>
> We, at the New Orleans museum of Art., are in the same boat here
> (digitizing about 10,000 pieces objects for display on the web) many of
> which we do not have official permission to display online (yet). We are
> choosing NOT to publish high resolution images of work we do not
> explicitly have rights for, but we are publishing thumbnail images with
> our "tombstone" information for some objects online.
>
>
>
> While many instituions use "fair use" for both orphan and copyrighted work
> LACMA immediately comes to mind as the most recent institution to launch a
> substantial collection online for research, etc.
>
>
>
> Here is their terms of use page:
>
>
>
> https://www.lacma.org/about/contact-us/terms-use
>
>
>
> The first two paragraphs sum up nicely how they are handling it:
>
>
>
> * **TERMS AND CONDITIONS*
>
> *Conditions of Use: Access to and use of LACMA's Content (as defined
> below) on this Site are subject to the following Terms and Conditions:*
>
> *1. The text, images, and data, including without limitation audio and
> video clips, software, documentation, and other information contained in
> the files on this Site (collectively, the "Content") are either (1) images
> of works from LACMA's collections that LACMA believes are in the public
> domain, some of which are made available without restriction (these images
> are marked "Public Domain High Resolution Image Available" as described
> below); or (2) protected by copyright (the "Protected Content"). Such
> Content, whether or not in the public domain, may be subject to other
> restrictions as well, including rights of privacy and publicity, under
> applicable law.*
>
> *a. "Public Domain High Resolution Image Available": The Content on the
> Site marked "Public Domain High Resolution Image Available" consists of
> images of works from LACMA's permanent collections that are currently
> available in "high resolution" format and that LACMA believes are in the
> public domain. LACMA is providing high resolution images of these works
> free of charge and for use without restriction. The Public Domain High
> Resolution Image Available mark indicates that LACMA is unaware of any
> current copyright restrictions on the Content so designated, either because
> (i) the term of copyright has expired, (ii) no evidence has been found that
> copyright restrictions apply, or (iii) LACMA owns copyright but would like
> to share this Content with the public without exercising control as part of
> our mission to engage and educate our communities. LACMA does not warrant
> that the sharing or other use of this Content will not infringe upon the
> rights of third parties holding rights to these works, including rights
> other than copyright, such as rights of privacy and publicity. It is your
> responsibility to determine and satisfy copyright and other use
> restrictions before downloading, copying, transmitting, publishing or
> making any other use of these items. If you have any knowledge about
> rights holders of any of these works, please contact LACMA's Rights and
> Reproductions Department at [log in to unmask] or (323) 932-5862. Users
> should cite the author/artist and source of the Public Domain High
> Resolution images as they would material from any printed or other work,
> and citation should include the URL Error! Hyperlink reference not valid.<http://www.lacma.org%20in/> addition
> to all other proprietary notices, if any, provided with the Public Domain
> High Resolution images.*
>
> Also, most institutions follow the Digital Millenium Copyright Act (DMCA)
> of 1998 and explicitly state so in their terms of use.
>
> Here is the Met's: *
> http://www.metmuseum.org/information/terms-and-conditions*<http://www.metmuseum.org/information/terms-and-conditions>
>
> *10. **Digital Millenium Copyright Act (DMCA). The Museum is committed to
> complying with U.S. copyright and related laws, and requires all users of
> the Site to comply with these laws. Owners of copyrighted works who believe
> that their rights under U.S. copyright law have been infringed may take
> advantage of certain provisions of the Digital Millennium Copyright Act of
> 1998 ("DMCA") to report alleged infringements. A copyright owner of any
> content should contact the Museum immediately to report any concerns of
> infringement by providing notice to the Museum's Designated Agent as
> required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by
> email please address it to: [log in to unmask]; if such notice is by
> mail, please address it to: Designated Copyright Agent, Office of the
> General Counsel, The Metropolitan Museum of Art, 1000 Fifth Avenue, New
> York, NY 10028.*
>
> Also of note is how European countries are handling Orphan works and JISC
> in the UK has some great resources dealing with digital archives.
>
> http://www.jisc.ac.uk/publications/programmerelated/2011/orphanworksbp.aspx
>
> Lastly, the Copyright office has some good info on mass digitization and
> orphan works:
>
> http://www.copyright.gov/docs/massdigitization/
>
>
>
> ************
>
> While this isn't a direct answer to your question to the ARLIS list, I
> thought it might serve as a helpful resource as you explore the topic.
> http://online.vraweb.org/vrab/vol39/iss2/4/
>
> Molly Tighe, Mattress Factory Museum, Archivist
>
> Pittsburgh Symphony Orchestra, Archives Consultant
>
> I do not work for MOHAI (Seattle's Museum of History and Industry) but
> their online photograph collection asserts fair use in their Terms &
> Conditions - you can click on the appropriate link on their Photo Archive
> Search website: http://www.mohai.org/research/photo-archive-search to see
> the specific language they use and their staff is always helpful in
> responding to queries.
>
> From: <Collins>, Kim Collins <[log in to unmask]>
> Date: Wednesday, June 12, 2013 2:02 PM
> To: ARLIS/NA List <[log in to unmask]>
> Cc: Lisa Macklin <[log in to unmask]>
> Subject: Fair Use and Photo Archives on the Web
>
> Dear ARLIS/NA,
>
> I am working with Lisa Macklin in Emory's Scholarly Communications
> Office exploring options for making a photo collection available online.
>
> Many of these photos are orphan works. Of course, we will seek
> permission when we know the photographer and the photograph is still
> protected by copyright. But, seeking permission for many of these photos
> just isn't an option.
>
> Can anyone point to examples of digitized photo collections owned by
> either a library or museum which are being made available on the web under
> an assertion of *fair use*?
>
> Please reply directly to me, Kim Collins, at [log in to unmask], and I
> will summarize for the list, if I get some answers.
>
> Thanks, as always, for your assistance.
> Kim
>
> Kim Collins
> Robert W Woodruff Library
> Emory University
> (404)727-2997, [log in to unmask]
>
> and
>
> Lisa A. Macklin, MLS, JD
> Director, Scholarly Communications Office
> Emory University Libraries
> 540 Asbury Circle
> Atlanta, GA 30322
> 404-727-1535
> --
>
>
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