At 17:54 13/07/2006, David Green wrote:
>Have people seen Susan Bielstein's "Permissions - A Survival Guide,"
>in which for the illustrations not only full copyright status of work
>and image are given, but details of the fee paid - how much, to whom,
>for what.
Now there's an idea! (And definitely a political statement.) I also
like those blank image spaces in on-line collections databases that
are marked "No image due to copyright restrictions." They are very
proper and in-your-face at the same time. I think they should also
say, when appropriate, "No image due to copyright fee of $300" or whatever.
In my museum, I try to twist arms to make our publications clearly
include and distinguish between artist's copyright and photographer's
copyright. This isn't easy, as graphic designers seems to consider
all these credit lines an annoying aesthetic problem ("looks
cluttered," "looks commercial.") I can just imagine the cries of
protest if I asked that public domain works be marked, as well.
On the other hand, as a trained graphic designer myself, I know that
design is the art of problem solving -- the designer's task is to
find an elegant and intelligent solution.
At any rate, we label our images "Photo (c) The Israel Museum, by
Phil Photographer," which I hope is clearly enough read as not
referring to the object or work of art in the photo. Artist's
copyrights are listed separately. Anything that doesn't have an
artist's copyright credit is in the public domain. I know that that
last equation is what opens a window of confusion for the
reader. "All works of art illustrated in this publication are in the
public domain unless otherwise indicated below" would make things clearer.
Amalyah
>On Jul 13, 2006, at 10:20 AM, Diane M. Zorich wrote:
>
> > 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
> >> _______________________________________________
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> >> Computer
> >> Network (http://www.mcn.edu)
> >>
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> >>
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> >>
> >> _______________________________________________
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> >>
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> >
> >
> > --
> > 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
> >
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> > http://toronto.mediatrope.com/mailman/listinfo/mcn-l
> >
>
>____________________________
>David Green
>Knowledge Culture
>davidgreen at knowledgeculture.com
>www.knowledgeculture.com
>170 Brooklawn Terrace
>Fairfield, CT 06825
>203.345.3228
>
>
>
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Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem
Tel +972-2-670-8874
Fax +972-2-670-8064
