"organisational change is not always easy, or quick! Especially in a
climate of austerity, budget cuts etc"

I need the above printed on a t-shirt I think!


On Wed, 12 Aug 2020, 20:46 Stella Wisdom, <stella.wis...@gmail.com> wrote:

> Thanks Richard. I honestly think the lack of attribution in this specific
> blog post was ignorance rather than malice.
> I've contacted the Head of Department and they will be adding an
> attribution next to the image.
>
> In my experience, there are many staff working in GLAM organisations
> wanting to make more digital collections open, but organisational change is
> not always easy, or quick! Especially in a climate of austerity, budget
> cuts etc.
> However, there is definitely a willingness in the BL to collaborate more
> with Wikimedia and for the Library to learn how to be more open.
>
> Stella
>
>
>
> On Wed, 12 Aug 2020, 20:16 Richard Symonds, <chasemew...@gmail.com> wrote:
>
>> Seems like a good solution Stella, thank you! We all make mistakes,
>> especially in organisations, and we know you mean well and that this was a
>> genuine mistake. I hope Fae will see attribution as fine.
>>
>> Fae obviously feels very strongly about large museums and open rights,
>> and he's put a lot of emotional effort into pushing things to be more open.
>> We all have, and sometimes our feeling comes through very strongly and can
>> read as a little harsh.
>>
>> But don't forget that you and your colleagues are part of our community
>> too! Thank you for the work you're doing once again.
>>
>> Richard
>>
>> On Wed, 12 Aug 2020, 18:02 Stella Wisdom, <stella.wis...@gmail.com>
>> wrote:
>>
>>> Hi Fae,
>>>
>>> Mike is correct, this is a British Library blog post, which
>>> discusses the Royal Gold Cup, which is an item in the British Museum
>>> collections. However the gold cup is mentioned in British Library
>>> manuscripts, hence the connection and relevance, for including an image of
>>> the cup in the blog post about the manuscripts.
>>>
>>> I am not sure which British Library curator in the Medieval and Early
>>> Modern Department has written this blog post, it may be written by a
>>> collaborative PhD student from that section. I'm sure the post's author
>>> would willingly add an attribution and a link to Wikimedia Commons, or
>>> would you prefer your photograph to be removed from the post?
>>> I can contact the Head of this Dept to ask.
>>>
>>> I am trying to encourage my curatorial colleagues in the British Library
>>> to add out of copyright BL digitised collections to Wikimedia Commons and
>>> Wikisource.
>>> I am also in the process of being able to hire a new Wikimedian in
>>> Residence for the British Library (I've been arranging funding sources for
>>> this), who will assist with staff training and guidance, building on from
>>> the fabulous work that Andrew Gray did a few years ago.
>>> So I am keen for my British Library colleagues to have good relations
>>> with the Wikimedia community.
>>>
>>> best wishes,
>>> Stella
>>>
>>>
>>> On Wed, 12 Aug 2020, 17:05 Michael Peel, <em...@mikepeel.net> wrote:
>>>
>>>> Hi Fae,
>>>>
>>>> The reuse seems to be by the British Library, not the British Museum,
>>>> here. Asking them for £400 seems a bit odd/steep (
>>>> https://twitter.com/Faewik/status/1293503130987122688).
>>>>
>>>> Thanks,
>>>> Mike
>>>>
>>>> > On 12 Aug 2020, at 13:05, Fæ <fae...@gmail.com> wrote:
>>>> >
>>>> > Dear Lucy,
>>>> >
>>>> > It's just over 3 months ago that your offer to talk with the British
>>>> > Museum about claiming copyright over public domain images, and
>>>> > consequently charging academics and other reusers large fees to use
>>>> > images which should be free to the public. Has there been any progress
>>>> > and what came of the plan to discuss this topic at the recent AGM?
>>>> >
>>>> > As a further reference case study of the British Museum continuing
>>>> > using what Wikimedians call "license laundering"[0], this week they
>>>> > have claimed all rights reserved for my own photograph released on
>>>> > Wikimedia Commons a decade ago to support Wikipedia editathons working
>>>> > with the Museum, as CC-BY-SA.[1][2] The BM has removed EXIF data, and
>>>> > not attempted to apply a simple attribution, or perhaps fail to
>>>> > understand what is required to respect moral rights. A remarkable
>>>> > failure considering the museum and their online presence sets the
>>>> > standard for many other UK GLAM institutions.
>>>> >
>>>> > Thanks,
>>>> > Fae
>>>> >
>>>> > Links
>>>> > 0. https://commons.wikimedia.org/wiki/Commons:License_laundering
>>>> > 1.
>>>> https://web.archive.org/web/20200812105445/https://blogs.bl.uk/digitisedmanuscripts/2020/08/jewels-make-the-virgin-queen.html
>>>> > 2. https://commons.wikimedia.org/wiki/File:Royal_Gold_Cup_lid.jpg
>>>> >
>>>> > --
>>>> > fae...@gmail.com https://commons.wikimedia.org/wiki/User:Fae
>>>> >
>>>> > ----
>>>> > On Thu, 30 Apr 2020 at 16:20, Lucy Crompton-Reid
>>>> > <lucy.crompton-r...@wikimedia.org.uk> wrote:
>>>> >>
>>>> >> Dear all
>>>> >>
>>>> >>
>>>> >> As a number of people have noted already, it is indeed disappointing
>>>> that the British Museum has released these images under a non commercial
>>>> licence, given the obvious restrictions to people actually accessing and
>>>> using them. Whilst staff at Wikimedia UK have many partnerships within the
>>>> cultural sector, including larger institutions, the BM is not currently one
>>>> of them. However I will get in touch with them and point out the issues
>>>> with the licence they’ve chosen. If anyone has any contacts at the Museum
>>>> they would be able to share with me that would be very helpful - and of
>>>> course, you are also welcome to lobby them as individuals.
>>>> >>
>>>> >>
>>>> >> I’m not sure that I quite agree with the characterisation of
>>>> Wikimedia UK as “advocating for a position at variance with that of the
>>>> wider movement when it comes to claiming non commercial copyright on out of
>>>> copyright material”. Indeed, in a talk I gave at a Westminster Media Forum
>>>> policy event on the EU copyright directive last year, I said:
>>>> >>
>>>> >>
>>>> >> “Access to and re-use of centuries old paintings, part of our
>>>> cultural heritage, is being increasingly restricted by an array of laws and
>>>> in-house rules within cultural institutions aiming to maintain control of
>>>> their digital copies. This causes many classical works, for instance, to be
>>>> unavailable to the public online, despite them being part of the public
>>>> domain.
>>>> >>
>>>> >>
>>>> >> Part of the social balance under copyright and related rights is
>>>> that at some point the exclusive economic rights expire and the works
>>>> become part of our shared cultural heritage. This makes up a large portion
>>>> of the public domain and ensures wide access to our culture and the freedom
>>>> to create and innovate. Unfortunately, in the past decades we have seen
>>>> increasing attempts to restrict our cultural heritage by claiming copyright
>>>> on public domain works, or by establishing new rights on exact digital
>>>> copies of old works. These practices complicate and sometimes prevent the
>>>> digitisation of and digital access to our culture.
>>>> >>
>>>> >>
>>>> >> The [EU copyright] Directive therefore provides for a safeguard of
>>>> public domain works. We must make sure no new rights are applied to digital
>>>> copies of artworks whose copyright has expired. This includes both no
>>>> copyright term extension for such rules and no related rights. The current
>>>> situation in the UK on this is quite inconclusive, with works that would be
>>>> considered to be public domain under US law potentially subject to
>>>> copyright under UK law. Indeed the courts in the UK traditionally applied a
>>>> very low test for photographic originality, based on the "skill and labour"
>>>> required to capture the image. In the IPO’s updated copyright advice notice
>>>> in 2015, it acknowledges that there is a degree of uncertainty regarding
>>>> whether copyright can exist in digitised copies of older images for which
>>>> copyright has expired. However it also states that according to the Court
>>>> of Justice of the European Union, copyright can only subsist in subject
>>>> matter that is original in the sense that it is the author’s own
>>>> ‘intellectual creation’. This higher standard should be unequivocally
>>>> applied to UK cultural heritage institutions, who might be inadvertently
>>>> engaging in copyfraud.”
>>>> >>
>>>> >>
>>>> >> Previously, at a ministerial roundtable on the directive, I raised
>>>> this very point with the Minister (at the time), who seemed completely
>>>> unaware of the practice of copyrighting digital reproductions of public
>>>> domain works, and remarked that this was certainly “outside of the spirit”
>>>> of existing law and proposed legislation. Both of those policy
>>>> interventions point to our general approach towards non-commercial licenses
>>>> and to issues around copyfraud.
>>>> >>
>>>> >>
>>>> >> However it’s true that we do, as a chapter, work with a broad range
>>>> of institutions, some of whom claim non commercial copyright on out of
>>>> copyright material. We challenge this where we see it, albeit usually
>>>> through meetings and discussions, rather than in public fora. Indeed, much
>>>> of our work with the cultural sector involves this kind of internal
>>>> advocacy, and we can see the impact of this in the institutions who go on
>>>> to change their policy and practice and release a substantial amount of
>>>> content onto open licences. We also continue to talk to grantmaking
>>>> organisations to encourage them to move away from non commercial licences
>>>> for themselves and their grantees - although again, we primarily do this in
>>>> collaboration/discussion rather than on a public forum. It’s probably fair
>>>> to say we take a carrot, rather than a stick, approach on this - but I
>>>> think that’s a question of tactics, rather than of policy.
>>>> >>
>>>> >>
>>>> >> Having said all of that, I don’t want to shut down debate and would
>>>> be very happy for there to be questions and discussions on this at our next
>>>> AGM (which is indeed going to be online, for reasons that are clearly
>>>> outside of our control). As a staff team we have recently started planning
>>>> this event, which is going to be on Saturday 18th July, and have already
>>>> started thinking about how we ensure the Q&A part of the day is as
>>>> productive and inclusive as possible, particularly given the unusual set 
>>>> up.
>>>> >>
>>>> >>
>>>> >> To come back more specifically to the BM issue, I will follow this
>>>> up next week. I think it will be relatively easy for me to find someone to
>>>> talk to there but as I say, if anyone does have an existing
>>>> contact/relationship at the museum I would be very pleased to hear from 
>>>> you.
>>>> >>
>>>> >>
>>>> >> All best wishes
>>>> >>
>>>> >> Lucy
>>>> >>
>>>> >>
>>>> >>
>>>> >> On Thu, 30 Apr 2020 at 12:48, Harry Mitchell <hjmw...@gmail.com>
>>>> wrote:
>>>> >>>
>>>> >>> I agree that it's only a matter of time before somebody does it
>>>> but, as with the NPG a few years ago, the BM are likely to be quite upset
>>>> if we can't get them to see it from our point of view. If anyone has any
>>>> relevant contacts it might be worth reaching out. It could be that they
>>>> don't fully understand the difference between CC-By-SA and CC-By-NC and how
>>>> the latter prevents use on Wikipedia. On the other hand, it could be that
>>>> they're claiming copyright based on the "sweat of brow" doctrine, which
>>>> hasn't been fully tested in British courts.
>>>> >>>
>>>> >>> On Thu, Apr 30, 2020 at 12:21 PM WereSpielChequers <
>>>> werespielchequ...@gmail.com> wrote:
>>>> >>>>
>>>> >>>> Andy makes some important points.
>>>> >>>>
>>>> >>>> We know that even if editors in the UK respect what the British
>>>> Museum is doing and don't upload those images to Commons or Wikipedia;
>>>> where they are public domain images under US law, it is just a matter of
>>>> time before someone in the movement, anywhere in the world, uploads any of
>>>> those British Museum images that are of old two D objects to Commons as
>>>> Public Domain images that can be used without attribution to the
>>>> photographer or the institution.
>>>> >>>>
>>>> >>>> Of course large parts of the British Museum collection would
>>>> involve images of three d objects. In those case we can't use the BM
>>>> images, but outside of lockdown people can either go there and take photos,
>>>> or if  you can't get yourself to the British Museum with a camera,  make a
>>>> request via the London Meetup, and if the object is on display we can get
>>>> results such as at
>>>> https://en.wikipedia.org/wiki/Miniature_altarpiece_(WB.232)
>>>> >>>>
>>>> >>>>
>>>> >>>> The chapter remains in the awkward position of liaising with
>>>> institutions that regard it as acceptable to claim  a non commercial
>>>> copyright on out of copyright material, and of in effect advocating for a
>>>> position at variance with that of the wider movement.
>>>> >>>>
>>>> >>>> One option that the chapter could consider would be to shift
>>>> policy and instead start to diplomatically lobby UK Museum's to, as Andy
>>>> put it, stop " trying to appropriate rights that belong to us all." Perhaps
>>>> those on this list who are still members of the chapter might consider
>>>> raising this for a debate at the next AGM?
>>>> >>>>
>>>> >>>> Regards
>>>> >>>>
>>>> >>>> Jonathan
>>>> >>>>
>>>> >>>>
>>>> >>>>
>>>> >>>> On Wed, 29 Apr 2020 at 21:06, Andy Mabbett <
>>>> a...@pigsonthewing.org.uk> wrote:
>>>> >>>>>
>>>> >>>>> On Wed, 29 Apr 2020 at 11:43, Owen Blacker <o...@blacker.me.uk>
>>>> wrote:
>>>> >>>>>>
>>>> >>>>>> That it's a non-commercial licence is really disappointing, but
>>>> that's still a little better than nothing…
>>>> >>>>>
>>>> >>>>> With the emphasis on the "little". There are two things wrong with
>>>> >>>>> this, which we as a movement (and individually) need to
>>>> challenge; at
>>>> >>>>> very reasonable opportunity.
>>>> >>>>>
>>>> >>>>> Firstly, there's the way they're spending public money making
>>>> non-free
>>>> >>>>> original content. we need to persuade GLAMs - and lobby funders -
>>>> that
>>>> >>>>> such material should be freely reusable.
>>>> >>>>>
>>>> >>>>> But far more troubling is the attempt to claim copyright in works
>>>> >>>>> whose copyright - if the work didn't pre-date copyright
>>>> completely -
>>>> >>>>> expired decades or centuries ago. The latter means, in effect that
>>>> >>>>> they are trying to appropriate rights that belong to us all.
>>>> >>>>>
>>>> >>>>> --
>>>> >>>>> Andy Mabbett
>>>> >>>>> @pigsonthewing
>>>> >>>>> http://pigsonthewing.org.uk
>>>> >> --
>>>> >> Lucy Crompton-Reid
>>>> >> Chief Executive
>>>> >> Wikimedia UK
>>>> >> +44 (0) 203 372 0762
>>>> >>
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