Fwd: [AAUP-R] between the National Portrait Gallery and a Hard Place
I am forwarding this on
behalf of a colleague who isn't on CNI.
Any thoughts on how to proceed would be appreciated,
especially from those of you familiar with
UK copyright law.
Would it make any
difference if the book is only sold in the
US?
Thanks,
Laura
--
Laura Young
Bost, Rights Manager
University of Texas
Press
P.O. Box 7819, Austin, TX 78713-7819
tel:512/232-7625;
fax:512/232-7178
email: laura@utpress.ppb.utexas.edu
Please
visit our NEW website at http://www.utexaspress.com
*************************************************************
Dear
Colleagues,
We recently published a
book on Jane Austen, the author of which
wrote
to the National Portrait Gallery
in London to purchase a reproduction
of
and receive permission to reproduce an image
of an 1811 Cassandra
Austen sketch of
Jane Austen. The National Portrait Gallery
provided
a reproducible copy of the image
and granted permission for its
inclusion
in the interior of the book only. The author
signed her
agreement to this stipulation
and paid the fee.
Meanwhile, back at
the ranch, a freelance graphic artist submitted
a
cover design which had several well-known
images of Austen, including
a colorized
image of the 1811 Cassandra Austen sketch.
The artist had
gotten that image and
others somewhere in the public domain. Our
production department however, in crediting
the cover design, noticed
the similarity
between the one on the cover and the interior
one and
so repeated the credit to the
National Portrait Gallery for one of
the
cover images.
The National Portrait
Gallery is now charging us over 500GBP for
what
they call "secondary copyright".
(Their fee includes punitive
charges--one
for colorizing--but these are another matter.)
I have
written them explaining that their
being credited for one of the
cover images
is an error and that we'll take it out when
we reprint;
that the interior one was
requested and paid for but the cover one
is
in, and was gotten from, the public
domain.
From their response: "Although
the original work is out of copyright,
there
is secondary copyright in any photographs
or scans taken of it.
The NPG does not
allow anyone else to photograph or scan
our work,
and we do not licence our images
through anyone else at present.
Therefore,
any image found elsewhere will have originated
from one of
our own photographs or scans,
and the copyright belongs to us."
Any
advice on or help with this will be appreciated.
Thank
you.
--
Margaret A. Walsh
Subsidiary
Rights and Permissions Editor
The University
of Wisconsin Press
mawalsh1@wisc.edu
1930 Monroe St
3rd Flr Madison, WI 53711-2059 USA
Ph
608 263 1131 FAX 608 263 1132
Our
website is @ http://www.wisc.edu/wisconsinpress/ Please visit.
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Received on Wed Jun 08 2005 - 01:30:46 GMT
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