Re: Bettman archive...

On 1/7/2000, Stephen Fishman <sfish55[_at_]yahoo.com> wrote:
>
> On Thu, 06 Jan 2000, Ron Estacio <rone[_at_]agd.org> wrote:
> >
> > Are Bettman archive photographs in the public domain? If not, where
> > can I find more information regarding the Bettman archive and copyright
> > issues? Thank you
>
> Good question. I believe most of the original Bettman photos are in
> the public domain, but the archive either claims copyright in the
> copies it provides the public and/or requires users to sign license
> agreements restricting how they may use the photos.

Bridgeman would suggest that any claims that Corbis/Bettman might make about copyright in copies of PD photos are bogus, but what about the licensing angle? Can they legitimately limit a purchaser's right to reproduce, display, or prepare derivative works from PD images by license, or would the preemption section in copyright law negate the license terms?

(I should add that it is quite common for museums, archives, and other repositories of public domain works to limit by license what can be done with copies of public domain works housed in the repositories. Restrictions on use or further reproduction are quite common. In order to get a copy of the material found in the repository, you have to agree to the terms of the license, much as with Corbis/Bettman. But can museums or Corbis/Bettman restrict by license the public's right to freely copy public domain works?)

Peter Hirtle
phirtle1[_at_]twcny.rr.com Received on Sat Jan 08 2000 - 17:04:12 GMT