I am recently engaged in a conversation with [[User:Kimberlyblaker]], who uploaded a fair amount of old, 19th century pictures onto Commons, including the album of places in Cambridge (see below) which is of particular interest to me.

What stumbled me was the copyright status of these images - are they in the public domain? If they aren't, is it due to publication right, and is Kimberly Blaker (& co.) the rightful copyright holder of them?

Deryck

---------- Forwarded message ----------
From: New Boston Fine and Rare Books <books4u29@hotmail.com>
Date: 8 February 2012 17:06
Subject: Re: Unidentified locations
To: Deryck Chan <deryckchan@wikimedia.hk>


Dear Deryck,
Thanks again, for the additional identification and for inviting assistance through twitter.
 
As to the copyright, I truly appreciate your help with this. Here is what I can tell you, so that you can better assess the copyright. I have an original 19th century album with original 19th albumen prints of these images. The album does not appear to have ever been published. There is no title (except for a paper label that errantly labeled it as “Oxford”. There is no title page, copyright page, author, publisher, photographer, anything whatsoever inside. The only identification is a late 20th century bookplate on which it was handwritten “Oxford University, pictures taken for William Winfield, circa middle 19th century, given to Robert Winfield early 1970s. This album formerly owned by William Winfield.” Obviously the “Oxford” note is incorrect. I assume the other details are probably correct. It is probably a family heirloom that had been handed down.
 
I have searched extensively, and cannot locate any of these identical images online. So I have to assume they may have never been reproduced and was likely a collection an early photographer did for himself or as a gift for a friend.
 
With this in mind, aside from the photographs being compiled in a photo album, it seems that it would still fall under a previously unpublished work. I own the original work, have photographed the work, and have now published the work online via my own website. So I think, I am now the official copyright holder? I’m not an expert in copyright law but have some general understanding of it. You are probably better versed in this?
 
Sincerely,

Kimberly Blaker, President
New Boston Fine and Rare Books
520-395-1363

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Sent: Wednesday, February 08, 2012 9:11 AM
Subject: Re: Unidentified locations
 
Dear Ms Blaker,

Also identified: http://commons.wikimedia.org/wiki/File:Pepys_Library_c1870.jpg
This one is Pepys Library in Magdalene College. I've also posted links to the Wikimedia Commons pictures from Twitter asking others in Cambridge University to help identify the remaining unidentified locations.

As for the copyright notice, I think I previously made the mistake of thinking the photos came from a collection published in the 1870s, which would be automatically out of copyright. However, I have now realised that the pictures are actually from a previously unpublished private collection, which means as copy-holder and publisher your company should enjoy 25 years of publication right... wait it's a previously unpublished British work uncovered in the United States... argh! (http://commons.wikimedia.org/wiki/Commons:Hirtle_chart)

Deryck

On 8 February 2012 14:42, New Boston Fine and Rare Books <books4u29@hotmail.com> wrote:
Hi Deryck,
 
Thank you for identifying these images! I’ve added this information to my website.
 
If only I could determine the original photographer. Many of the originals are contact prints, but they had been trimmed, so identifying information is missing. Though when scanned and enlarged, I could see hand etched in the plate of the Master’s Garden was “J. Murray”, I believe. Though it’s hard to say if that’s the actual photographer as there was other random etching in the plate as well. If you have any idea where I might discover the photographer, possibly through Cambridge’s collections, etc., please let me know.
 
Best,

Kimberly Blaker, President
New Boston Fine and Rare Books
520-395-1363

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Sent: Wednesday, February 08, 2012 2:47 AM
Subject: Unidentified locations
 
Hello,

I am a current undergraduate of Cambridge University, and came here after seeing the uploads your team has made onto Wikimedia Commons.

I'm writing to inform you the locations of the two unidentified pictures:

http://www.newbostonfineandrarebooks.com/home//Cambridge University/57 cambridge university.jpg
Gatehouse of St. John's College, Cambridge

http://www.newbostonfineandrarebooks.com/home//Cambridge University/58 cambridge university.jpg
Chapel of Magdalene College, Cambridge

I also noticed that the author's copyright of the pictures have expired, and will .update the copyright licences of the pictures accordingly.

Regards,
Deryck Chan