RE: Fwd: [AAUP-R] between the National Portrait Gallery and a Hard Place

IANAL, but two prongs suggest themselves. Documenting EXACTLY where and how the cover artist obtained his image is one. The other one of course is to base your defense on Corel v. Bridgeman. I suspect that an important question is where you have sold copies outside the U.S. If you have only sold copies in the U.S. I suspect that you can tell them to sit and spin. Although this might preclude your licensing images from them in the future. However if you've sold copies outside the U.S. there is the possibility they can bring suit in those countries whom may or may not be persuaded by the Bridgeman logic. Of course the fact that £500 is cheaper than legal action is probably no coincidence.

From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Laura Young Bost Sent: Tuesday, June 07, 2005 5:31 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] 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[_at_]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[_at_]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.
_______________________________________________
AAUP-R mailing list
AAUP-R[_at_]ucp.uchicago.edu
http://ucp.uchicago.edu/mailman/listinfo.cgi/aaup-r


#############################################################

This message is sent to you because you are subscribed to

  the mailing list <CNI-COPYRIGHT[_at_]cni.org>.

To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>

To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org>

To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org>

To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org>

Send administrative queries to  <CNI-COPYRIGHT-request[_at_]cni.org>



Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>.