By the way, according to Thomas (Congress), it was sent to the House, but the status on the bill shows it as 2006 with no indication it's been passed into law.  http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR05439:@@@X

----- Original Message ----
From: Randy Little <[log in to unmask]>
To: [log in to unmask]
Sent: Wednesday, October 8, 2008 9:11:38 AM
Subject: Re: [MUSEUM-L] Library of Virginia on Flickr

Yes and I agree that putting them in the public is a great thing.  BUT they just passed the orphaned works act that basically says that by stating in public that there is no copyright all the legalize on your website is VOID.  This just went into play LAST WEEK and not sure the effective date if not immediate.  Unless you have  a SIGNED document release the copyright your lack or restrictions by the copyright holder does not grant you the ability to alter the copyright.  You may not have restictions on your use but that doesn't mean you can pass on that agreement to a third party IE the Public.  That is my concern based on the New Orphaned Works Act. 

Randy S. Little
http://reel.rslittle.com



On Wed, Oct 8, 2008 at 10:22 AM, Batson, Barbara (LVA) <[log in to unmask]> wrote:

To answer Randy Little's question regarding copyright and Flickr, here's the response from Dale Neighbors, manager of Prints and Photographs at the Library of Virginia:

Yes, it is a requirement for participation in the program (The Commons at Flickr) that institutions claim "no known copyright restrictions" on the content that they share.  As an established educational institution, the Library of Virginia honors the intellectual property of artists and innovators who make invaluable contributions through their creative disciplines. We are committed to protecting the rights of creators and copyright holders, and are always interested in learning additional information about the images in our permanent collection.

 

The Adolph Rice Collection was donated to the Library of Virginia without restrictions, and the Library staff could see no reason that these historical images should not be made readily available to the public for research and enjoyment.  However, we do not deny the possibility that the sharing of these images may inadvertently infringe upon the rights of copyright holders unknown to us.  It is clearly stated on the site that the user of the images understand that the Library of Virginia cannot guarantee that the private or commercial use of the images will not violate the rights of unidentified copyright holders.  Users are reminded to conduct an independent analysis of applicable law before proceeding with a particular new use.

 

Normally the Library charges a standard Usage Fee to reproduce images from our collections, but as George Oates from Flickr noted, "It's liberating and generous to give things away for free - especially when you're a public institution."

 

Barbara C. Batson

Exhibitions Coordinator

The Library of Virginia

800 East Broad Street

Richmond, VA 23219-8000

804-692-3518

[log in to unmask]

 

 

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