[WikiEN-l] Images from Smithsonian Libraries (Dibner Library)

Mon Sep 6 07:24:36 UTC 2004

FYI: The Dibner Library at the Smithonian has many good images of 
people, many of them in the PD by age. I asked for clearance to use 
Dibner Library images on wikipedia. Here's the result.

Magnus

-------- Original Message --------
Subject: 	Re: Smithsonian Libraries image request
Date: 	Thu, 02 Sep 2004 10:56:23 -0400
From: 	Erin Clements <ClementsE at si.edu>
To: 	<magnus.manske at web.de>

Dear Mr. Manske, 

For us to feel comfortable having the Dibner Portraits on Wikipedia, we would prefer this credit line:
"Image reproduced courtesy of the Smithsonian Institution Libraries from Scientific Identity, Portraits from the Dibner Library of the History of Science and Technology"
with a direct link to this site:http://www.sil.si.edu/digitalcollections/hst/scientific-identity/index.htm

We would like this line in lieu of "This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. This applies worldwide."  

We will forego the standard permissions form.  However, please keep in mind that the modern (post-1926) portraits are on our site under Fair Use policies for a non-profit educational project.  If they are used in other ventures, valid copyrights may need to be cleared. 

Thank you for your interest in our collections, 

Erin E. Clements
New Media Office, Smithsonian Institution Libraries
PO Box 37012 MRC 154
Washington, DC  20013-7012
p. 202.633.1708** new number
f.  202.786.2861
clementse at si.edu

>>> Magnus Manske <magnus.manske at web.de> 09/02/04 03:17AM >>>
Dear Mr. Clements,

first, let me thank you for your answer. Yes, wikipedia would very much 
like to continue using images from your great resource. Please sent me 
the permission form and credit line. As you no doubt have seen on the 
Dumas image page, we already do link back to your site containing the 
image, but we will of course extend/modify that credit according to your 
request.

One point, however, remains: According to U.S. copyright law, a mere 
reproduction of an image in the public domain *does* remain in the PD, 
contrary claims notwithstanding. Only a "creative act" could change that 
status, and scanning or (digital) photographic reproduction, which is 
apparently the case for your image collection, does not constitute such 
an act. Thus, the claim on the Dumas image page is correct.

Of course, we will cite the source of *all* your images with your credit 
line, public domain or not. Your permission and the PD are, after all, 
not mutually exclusive; the PD only extends any permission where 
copyright law allows (and demands) it.

Yours,
Magnus Manske

Erin Clements wrote:

>Dear Mr. Manske, 
>
>I am writing in response to your digital image request below. We would be happy for you to include images from our Scientific Portrait collection on Wikipedia.  However, we do ask that proper credit is given for the images and that you complete a permissions form.  Even if the works in question are a part of the public domain, the digital images which you are using are not. Therefore, I do question the line under this picture:
>http://en.wikipedia.org/wiki/Image:Jean_Baptiste_Andr%E9_Dumas.jpg 
>which states that the image has been released into the public domain. Please refer here for more information: http://www.sil.si.edu/permissions/ 
>
>If Wikipedia would like to continue using, please let me know and I would be happy to provide you with the permission form and proper credit line. 
>
>Sincerely,
>
>
>From: 	Magnus Manske <magnus.manske at web.de>
>To:	<LIBMAIL at si.edu>
>Date: 	7/29/04 9:29AM
>Subject: 	Copyright status of images
>
>Hello,
>
>I am a volunteer for Wikipedia, the free encyclopedia 
>(http://www.wikipedia.org ). Recently, I have begun to include portraits 
>from your excellent "Dibner Library of the History of Science and 
>Technology" into the appropriate articles.
>
>Example : http://en.wikipedia.org/wiki/Gerardus_Joannes_Vossius 
>
>While most of these images are in the public domain by age (as mere 
>scanning does not change the copyright status), there have been some 
>concerns especially about the "newer" ones.
>
>Wikipedia itself is a strictly non-commercial project - all contents is 
>freely available and will remain so. However, all Wikipedia material is 
>available under the GNU Free Documentation License (see 
>http://en.wikipedia.org/wiki/Wikipedia:Copyrights ), which allows for 
>commercial use. The information, however, will always stay free (as in 
>free speech).
>
>The Wikipedia project would very much like to use all the Dibner Library 
>images to complement its biography articles. We would, of course, link 
>back to your site from every such image; in fact, we already do (click 
>on the Vossius image from the link above) where we use them. It would be 
>great if you could officially release the Dibner images under GFDL (or 
>in the public domain); if not, please suggest an alternative that would 
>be acceptable to you.
>
>Thank you in advance,
>Magnus Manske
>
>
>Erin E. Clements, Permissions Coordinator
>New Media Office, Smithsonian Institution Libraries
>PO Box 37012 MRC 154
>Washington, DC  20013-7012
>p. 202.633.1708** new number
>f.  202.786.2861
>clementse at si.edu 
>
>
>
>  
>