[MCN-L] IP SIG: No fair use for thumbnails in Germany
As much as people complain about the challenges of balancing copyrights and fair use in the US, overseas courts have been happy to provide examples that remind us that some aspects of US copyright law are actually fairly liberal. The latest such reminder comes courtesy of a case in Germany that revisits an issue that appears settled in the US: the right of image search services to create thumbnails from copyrighted works to display with the search results. The German courts have now determined that this is not OK in Germany, where Google has just lost two copyright suits over image thumbnails... http://arstechnica.com/news.ars/post/20081013-german-court-google-image-thumbnails-infringe-on-copyright.html Just for reference, re: US law: Google v. Perfect 10: Appeals court affirms that thumbnails are fair use http://arstechnica.com/news.ars/post/20070517-google-v-perfect-10-appeals-court-affirms-that-thumbnails-are-fair-use.html http://arstechnica.com/news.ars/post/20070517-google-v-perfect-10-appeals-court-affirms-that-thumbnails-are-fair-use.html Amalyah Keshet Chair, MCN IP SIG
[MCN-L] IP SIG: McCain-Palin, DMCA, YouTube, and Fair Use
Speaking of fair use: For any who have not seen this story: http://www.eff.org/deeplinks/2008/10/mccain-campaign-feels-dmca-sting McCain Campaign Feels DMCA Sting Legal Analysis by Fred von Lohmann Yesterday, the McCain-Palin campaign sent a letter to YouTube describing the troubles it has been having with bogus DMCA takedowns targeting its videos: [O]verreaching copyright claims have resulted in the removal of non- infringing campaign videos from YouTube, thus silencing political speech. Numerous times during the course of the campaign, our advertisements or web videos have been the subject of DMCA takedown notices regarding uses that are clearly privileged under the fair use doctrine. The uses at issue have been the inclusion of fewer than ten seconds of footage from news broadcasts in campaign ads or videos, as a basis for commentary on the issues presented in the news reports, or on the reports themselves. These are paradigmatic examples of fair use... It's heartening to see a presidential campaign recognize the importance of fair use and remix culture (the Obama-Biden campaign has also been the victim of frivolous takedowns from big media companies, so this is a bipartisan problem). EFF, the ACLU, Harvard's Citizen's Media Law Project, and Stanford's Fair Use Project have been making the same point for several years now. EFF has also been providing direct legal assistance to victims of DMCA abuse. Unfortunately, the solution proposed by the McCain campaign addresses only the tip of the iceberg: [W]e believe that it would consume few resources--and provide enormous benefit--for YouTube to commit to a full legal review of all takedown notices on videos posted from accounts controlled by (at least) political candidates and campaigns. The obvious problem with this solution? It assumes that YouTube should prioritize the campaigns' fair use rights, rather than those of the rest of us. That seems precisely backwards, since the most exciting new possibilities on YouTube are for amateur political expression by the voters themselves. After all, the campaigns have no trouble getting the same ads out on television and radio, options not available to most YouTubers. Let's start by identifying the real villains here: the major news media outlets. They are the ones censoring these political ads, based on the use of a few seconds of their footage. The networks need to back off and give fair use a wide berth. So let's start by shaming the bad guys here. In addition, lawsuits might help. Under the DMCA, both the campaigns themselves and YouTube have standing to sue those who send clearly bogus takedown notices. (EFF has represented video creators in a number of these cases, including against Viacom.) There are other possible solutions, as well. Stay tuned for our specific ideas on what YouTube can do to protect fair use while staying within the bounds of its DMCA safe harbor protection (hint: as the McCain-Palin letter points out, you don't need a safe harbor if the video isn't infringing, something that human review by YouTube should be able to determine). UPDATE: The McCain-Palin campaign has identified the news outlets behind the YouTube removals: CBS, Fox News, and the Christian Broadcasting Network. We noted above that NBC has targeted an Obama- Biden video for removal. That's four news entities that should know better. ___
[MCN-L] photography, digitization, and a color/grey card?
Dear Remko, As Dianne mentioned, the color bars are extremely important parts of digitizing a collection, particularly when you are dealing with older photographs that may vary in condition. The CWM recently digitized over 6,800 official photographs from the First World War, most of which had been stuck in albums for decades. The decision was made to remove them from the deteriorating condition of the albums themselves, and we were left with every kind of problem from color fade to cracking. We went ahead with careful scanning nonetheless and always used a color bar in that process. Even though this initiative was funded in support of our latest online project, the now digital photos selected from this collection for use in the module were then cropped to remove the color bar for the shows version of the captured image. I insisted on ensuring the primary archival function of the artifact was prominent over the one-time show requirement, regardless of the extra resources required to accomplish it, and it has served us well. Not only is the show a great success, showing 261 of the beautiful images, but our Image Reproduction Services reports requests for other images from the collection, and because they have the Master digital to work with, color bar and all, they can accommodate the broadest range of requests without having to manipulate the original, fragile, image again. My suggestion would be not to short change yourself on future use, take the time now to ensure it is done for years to come. Regards, Genevieve -Original Message- From: mcn-l-bounces at mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of Jansonius, Remko (Vizcaya) Sent: Tuesday, October 14, 2008 5:04 PM To: mcn-l at mcn.edu Subject: [MCN-L] photography, digitization, and a color/grey card? Dear Colleagues, We are about to digitize a collection of photo albums containing 1910s/20s photographs; while they are black and white, many have discolored and turned sepia over the years. Since these are fragile, bound volumes we will be doing this through photography rather than scanning. Would you say it is necessary or advisable or standard practice to use a color card or a grey card during this process? As always, I greatly appreciate y'all's input! Sincerely, Remko Jansonius Collections and Archives Manager Vizcaya Museum and Gardens Miami, FL ___ 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
[MCN-L] Digitization - definition and strategic planning
Dear Colleagues, Two requests in this message: First, the Smithsonian Institution is undertaking a pan-institutional strategic planning process for digitization and one of the interesting things to arise during the investigative phase is the varying perceptions of what constitutes digitization. Unfortunately, following Justice Potter Stewart's famous adage I know it when I see it isn't good enough here. The planning committee needs to articulate a clear definition. To this end, we'd like to know How does your institution define digitization? Second, does your institution have a strategic plan for digitization that it would share with the committee? We are not looking for IT plans, but plans that outline how an institution has chosen to identify what it will digitize, how it will digitize the chosen materials, and how it will make these digital assets accessible.] Many thanks. Diane Zorich (On behalf of the Smithsonian Digitization Strategic Planning Committee) -- Diane M. Zorich 113 Gallup Road Princeton, NJ 08542 USA Voice: 609-252-1606 Fax: 609-252-1607 Email: dzorich at mindspring.com or dianezorich at comcast.net
[MCN-L] free ftp software?
Dear Colleagues, When googling free ftp software several types of software show up. Is there any one in particular that you would recommend or un-recommend? Thank you, once gain, for your input! Remko Jansonius Collections and Archives Manager Vizcaya Museum and Gardens Miami, FL
[MCN-L] free ftp software?
Fetch FTP for mac is good and they have a free institutional license -- Chris Edwards Digital Studio Production Manager Beinecke Rare Book and Manuscript Library Yale University Tel: 203.436.4690 chris.edwards at yale.edu From: mcn-l-bounces at mcn.edu [mcn-l-bounces at mcn.edu] On Behalf Of Jansonius, Remko (Vizcaya) [remko.janson...@vizcayamuseum.org] Sent: Wednesday, October 15, 2008 10:39 AM To: mcn-l at mcn.edu Subject: [MCN-L] free ftp software? Dear Colleagues, When googling free ftp software several types of software show up. Is there any one in particular that you would recommend or un-recommend? Thank you, once gain, for your input! Remko Jansonius Collections and Archives Manager Vizcaya Museum and Gardens Miami, FL ___ 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
[MCN-L] free ftp software?
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[MCN-L] free ftp software?
I use Filezilla. It's pretty simple and, so far, has met all of my limited needs. --Melissa Melissa Johnson Curator of Interactive Media history|san jos? -Original Message- From: mcn-l-bounces at mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of Jansonius, Remko (Vizcaya) Sent: Wednesday, October 15, 2008 7:40 AM To: mcn-l at mcn.edu Subject: [MCN-L] free ftp software? Dear Colleagues, When googling free ftp software several types of software show up. Is there any one in particular that you would recommend or un-recommend? Thank you, once gain, for your input! Remko Jansonius Collections and Archives Manager Vizcaya Museum and Gardens Miami, FL ___ 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
[MCN-L] The Museum System on Mac via VMWare Fusion
Hi ? Is anyone running TMS on an new Intel Mac via VMWare Fusion? Pros and cons? Likes and dislikes? JEFF Jeffrey Evans Digital Imaging Specialist Princeton University Art Museum 609.258.8579
[MCN-L] free ftp software?
I use both of these myself. I am more comfortable with Filezilla and use it for more traditional FTP sites, but WinSCP's use of SCP means I end up using it for one other site I connect to on a regular basis (this site doesn't allow FTP or SFTP) Perian Sully Collections Information and Web Programs Manager Judah L. Magnes Museum -Original Message- From: mcn-l-bounces at mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of Elizabeth Bruton Sent: Wednesday, October 15, 2008 7:59 AM To: Museum Computer Network Listserv Subject: Re: [MCN-L] free ftp software? I'd recommend WinSCP or Filezilla, both are free, open source FTP clients. Filezilla Pros: Available for Windows, Mac, and Linux Cons: No synchronize feature; does not support SCP protocol WinSCP Pros: Has portable executable version; has synchronize feature; supports SCP protocol in addition to SFTP FTP Cons: Only available for Windows Liz 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
[MCN-L] free ftp software?
I use FireFTP - a Firefox plugin -nik Perian Sully psully at magnes.org 10/15/2008 10:18 AM I use both of these myself. I am more comfortable with Filezilla and use it for more traditional FTP sites, but WinSCP's use of SCP means I end up using it for one other site I connect to on a regular basis (this site doesn't allow FTP or SFTP) Perian Sully Collections Information and Web Programs Manager Judah L. Magnes Museum -Original Message- From: mcn-l-bounces at mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of Elizabeth Bruton Sent: Wednesday, October 15, 2008 7:59 AM To: Museum Computer Network Listserv Subject: Re: [MCN-L] free ftp software? I'd recommend WinSCP or Filezilla, both are free, open source FTP clients. Filezilla Pros: Available for Windows, Mac, and Linux Cons: No synchronize feature; does not support SCP protocol WinSCP Pros: Has portable executable version; has synchronize feature; supports SCP protocol in addition to SFTP FTP Cons: Only available for Windows Liz 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
[MCN-L] Museum Computer Network Conference - Hotel Group Rate Deadline
With apologies for cross-posting? Join the Museum Computer Network in Washington DC in November and learn from colleagues from all across the country and the world. MCN?s 36th annual conference promises to be better than ever, highlighting innovation, collections access, open source technology, and issues of national importance in the museum, archive and library environment. Register online now at http://www.mcn.edu/conferences/index.asp?subkey=888 Rooms are still available at the conference hotel for the Museum Computer Network 2008 conference! We have arranged a special MCN Conference Rate of $224 per night single or double occupancy valid for Tuesday, November 11th through Saturday, November 15th. We?d like as many of our attendees as possible to take advantage of the special MCN discount rate at the Grand Hyatt Washington, and enjoy the convenience of staying at the conference hotel, within walking distance to so many of DC?s attractions. Remember, the hotel group rate expires Saturday, October 18. We encourage attendees to reserve accommodations at the conference hotel, which helps keep conference costs down. To make reservations online, click HERE. [http://grandwashington.hyatt.com/groupbooking/wasghmuse2008 ] To make reservations by telephone, call the hotel at (202) 582-1234. Be sure to mention that you are attending the MCN Conference. GRAND HYATT WASHINGTON 1000 H Street NW, Washington, D.C., USA 20001 Tel: (202) 582-1234 Fax: (202) 637-4781 Visit www.mcn.edu/conferences for more information about registration, the full schedule of registration rates and discounts, conference program, and hotel travel information.
