Re: Permissions

From: David Dailey <David.P.Dailey[_at_]williams.edu>
Date: Thu, 25 Jan 1996 14:19:41 -0500

Bonnie Bryant <bonnie_bryant[_at_]emal.sprl.umich.edu> wrote:
>
> We are trying to get permission to use various Renaissance paintings
> on our World Wide Web pages. Any guidance you can give me will be
> appreciated!

Though I may overlook a possibility or two I think these are the options (since the Renaissance is beyond the term for copyright protection of any individual nation):

  1. If the owner (of the original) is you then photograph it and html-ize it to your heart's content.
  2. If the museum which owns the original allows photos then proceed as in 1, above.
  3. If the museum which owns the original doesn't permit photos then find a reproduction as in cases 4 and 5 below or choose 6, or pay the museum in real money.
  4. If a reproduction is beyond 75 years old (or has otherwise had its copyright abandoned or expired) then scan the reproduction.
  5. If the reproduction is still protected by copyright, then get written permission from the copyright holder (typically a book publisher, a photographer, or a museum).
  6. Commission a student to re-paint the work and digitize that.

Once one of the above is done, then you might consider the following actions to accompany your materials on the web

  1. Does your employer seek to claim credit/copyright for your digitizing? (some places try to, rightly or wrongly). (Be careful though, since this could be construed as a wrongful claim of copyright).
  2. If so what sort of work-for-hire rules does your place have?
  3. Do you wish to disclaim any liability for
  4. pedagogical malpractice (e.g., the quality of the digitization is poor enough to interfere with a student's comprehension of the material)? (I note with interest, here the extensive disclaimer that accompanies some public domain projects, such as the Gutenberg text project)
  5. the effect that whatever parodies or derivative works result from your digitizations on whatever moral rights may still exist for the descendents of the authors in Europe? (e.g., if someone in Europe uses your digital work in ways that someone's moral rights are offended by someone else in Europe can the offended party blame you?).

I'd be curious to know if anyone else would worry about a and b. I think they are a bit overcautious myself.

David Dailey (ddailey[_at_]williams.edu) Received on Thu Jan 25 1996 - 19:20:24 GMT

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