Amalyah, Okay, "crediting" was probably the wrong word to use. My point is that noting "Public Domain" in the caption makes it clear to all that the original work is in the public domain (and thus freely available for copying), although the particular image of that public domain work, is, of course copyrighted by the photographer.
Too many reproductions have captions that imply that the museum/photographer/gallery owns copyright to the work itself. Why not note "public domain" in the caption, to clarify things? I don't see it as a political statement at all. You're right in stating that there is no legal requirement to declare something public domain. Under US law, there is also no legal requirement to declare something as copyrighted - yet what museum or photographer would approve a caption that did not include their copyright notice? They justifiably want to let people know their rights. Why not let the public also know what they have a right to? I see a public domain statement as a move towards greater clarity and less subterfuge in our increasingly intellectual property-centric world. Clarifying who owns (or does not own) rights is a responsible thing to do. I have noticed an increasing trend among museums to use copyright statements that now qualify where the copyright lies, for example, "Greek amphora, 25 A.D., Image copyright 2006 The XYZ Museum" (italics mine). I think this is also a positive effort towards greater clarity. Diane Copyright story of the day: The New York Times article "Is a Scent Like a Song?" http://www.nytimes.com/2006/07/13/fashion/thursdaystyles/13skin.html?_r=1&oref=slogin about French parfumiers seeking copyright status for the scents they create from their super-scentsitive noses. >But is it "crediting"? Or is it a political statement? How does one credit >a legal status? After all, under copyright law, there is no need to declare >something public domain. Nothing in a lack of declaration or "credit" >reduces or harms a work's public domain status. It would be interesting to >see the Art Bulletin's "captioning policy now stated near the beginning of >each Art Bulletin >issue." > >At first glance, it seems a bit over the top. On the other hand, maybe we >need a bit of over-the-top these days to counterbalance over-the-top >copyright claims, the chilling effect, and shrinking fair use protections. > >Amalyah Keshet >Head of Image Resources & Copyright Management >The Israel Museum, Jerusalem > > >----- Original Message ----- >From: "Diane M. Zorich" <dzorich at mindspring.com> >To: <mcn-l at toronto.mediatrope.com> >Sent: Wednesday, July 12, 2006 4:47 PM >Subject: [MCN-L] IP SIG: Fwd: Re: Art Bulletin use of "In the Public Domain" >in its captions > > >Crediting the public domain (see below) -- what a >great and bold idea. Kudos to the College Art >Association. Now will museums follow suit? > >Diane > > > >>Date: Wed, 12 Jul 2006 07:34:13 -0700 >>Reply-To: Visual Resources Association <VRA-L at LISTSERV.UARK.EDU> >>Sender: Visual Resources Association <VRA-L at LISTSERV.UARK.EDU> >>From: Benjamin Kessler <bkessler0606 at SBCGLOBAL.NET> >>Subject: Re: Art Bulletin use of "In the Public Domain" in its captions >>To: VRA-L at LISTSERV.UARK.EDU >>List-Help: <http://listserv.uark.edu/scripts/wa.exe?LIST=VRA-L>, >> <mailto:LISTSERV at LISTSERV.UARK.EDU?body=INFO VRA-L> >>List-Unsubscribe: <mailto:VRA-L-unsubscribe-request at LISTSERV.UARK.EDU> >>List-Subscribe: <mailto:VRA-L-subscribe-request at LISTSERV.UARK.EDU> >>List-Owner: <mailto:VRA-L-request at LISTSERV.UARK.EDU> >>List-Archive: <http://listserv.uark.edu/scripts/wa.exe?LIST=VRA-L> >>X-ELNK-Info: spv=0; >>X-ELNK-AV: 0 >>X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000; >> >>Eileen-- >> >>This is a conscious effort on the part of CAA, >>spearheaded by Eve Sinaiko, Director of >>Publications. Their captioning policy is now >>stated near the beginning of each Art Bulletin > >issue. I don't think that this has yet become >>common practice for scholarly publications at >>large, so CAA is attempting to set a good >>example. >> >>Ben Kessler >> >>"Fry, P. Eileen" <fryp at INDIANA.EDU> wrote: >> >>st1\:*{behavior:url(#default#ieooui) } >>Colleagues, >> >>I may have missed discussion of this, but is it >>now common practice for scholarly journals to >>credit illustrations with captions that say "In >>the Public Domain" for the work, and then >>copyright for the photographer? Art Bulletin >>seems to be doing this, but I'm not sure how >>widespread it is. >> >>Eileen Fry >>Indiana University > > >-- >Diane M. Zorich >113 Gallup Road >Princeton, NJ 08542 USA >Voice: 609-252-1606 >Fax: 609-252-1607 >Email: dzorich at mindspring.com >_______________________________________________ >You are currently subscribed to mcn-l, the listserv of the Museum Computer >Network (http://www.mcn.edu) > >To post to this list, send messages to: mcn-l at mcn.edu > >To unsubscribe or change mcn-l delivery options visit: >http://toronto.mediatrope.com/mailman/listinfo/mcn-l > >_______________________________________________ >You are currently subscribed to mcn-l, the listserv of the Museum >Computer Network (http://www.mcn.edu) > >To post to this list, send messages to: mcn-l at mcn.edu > >To unsubscribe or change mcn-l delivery options visit: >http://toronto.mediatrope.com/mailman/listinfo/mcn-l -- Diane M. Zorich 113 Gallup Road Princeton, NJ 08542 USA Voice: 609-252-1606 Fax: 609-252-1607 Email: dzorich at mindspring.com
