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	<title>Comments on: UK National Portrait Gallery threatens Wikipedia over scans of its public domain&#160;art</title>
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	<description>Brain candy for Happy Mutants</description>
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		<title>By: zikzak</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545797</link>
		<dc:creator>zikzak</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545797</guid>
		<description>@14, waderoush:  The fact that they need money in order to continue doing good things like scanning public art doesn&#039;t justify restricting access to that public art.

They&#039;re funded by the public - if they need more money, they should ask the public, rather than try to extract it through internet taxes.</description>
		<content:encoded><![CDATA[<p>@14, waderoush:  The fact that they need money in order to continue doing good things like scanning public art doesn&#8217;t justify restricting access to that public art.</p>
<p>They&#8217;re funded by the public &#8211; if they need more money, they should ask the public, rather than try to extract it through internet taxes.</p>
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		<title>By: redesigned</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-546053</link>
		<dc:creator>redesigned</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-546053</guid>
		<description>I don&#039;t get it.  They are funded by the public and hence are required by law to let people into the museum for free to view the artwork, yet they somehow think they can copyright, control, and charge people for the digital viewing of these same works?  Isn&#039;t that just a digital extension of what they are supposed to be doing for free?  Making these images available to the public.  What a shame they lost sight of and are undermining their intended purpose, allowing the public to view these images.

If they need a revenue stream they should make high quality prints available for sale, or coffee table art books.  That would be in line with getting these images in front of the public&#039;s eyes, the main purpose that they server and get public funds for.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t get it.  They are funded by the public and hence are required by law to let people into the museum for free to view the artwork, yet they somehow think they can copyright, control, and charge people for the digital viewing of these same works?  Isn&#8217;t that just a digital extension of what they are supposed to be doing for free?  Making these images available to the public.  What a shame they lost sight of and are undermining their intended purpose, allowing the public to view these images.</p>
<p>If they need a revenue stream they should make high quality prints available for sale, or coffee table art books.  That would be in line with getting these images in front of the public&#8217;s eyes, the main purpose that they server and get public funds for.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545805</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545805</guid>
		<description>Is it actually clear that the photographs of the images are copyrighted, i.e. that a copyright claim would stand?  My understanding (based on U.S. law) is that a work must have substantial creativity in order to be protected, and a simple reproduction of a public-domain work would not qualify.  If I reproduce David Copperfield word-for-word, I can sell it for having produced an edition, but that doesn&#039;t give me copyright over David Copperfield.  That&#039;s why publishers add forewords, etc. because that material IS copyrightable.  How is photographing a public-domain image any different?  If they&#039;ve added no originality or anything transformative, does the museum have a valid copyright claim?</description>
		<content:encoded><![CDATA[<p>Is it actually clear that the photographs of the images are copyrighted, i.e. that a copyright claim would stand?  My understanding (based on U.S. law) is that a work must have substantial creativity in order to be protected, and a simple reproduction of a public-domain work would not qualify.  If I reproduce David Copperfield word-for-word, I can sell it for having produced an edition, but that doesn&#8217;t give me copyright over David Copperfield.  That&#8217;s why publishers add forewords, etc. because that material IS copyrightable.  How is photographing a public-domain image any different?  If they&#8217;ve added no originality or anything transformative, does the museum have a valid copyright claim?</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545806</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545806</guid>
		<description>&lt;blockquote&gt;in the real world, when your revenue stream starts to dry up, you root hog, or die. Why doesn&#039;t the NPG hire some staff to work on new ways of making money?&lt;/blockquote&gt;

In the world of private business, your enterprise is understood to have no inherent value, only the value assigned it by the market.  Publicly-funded enterprises, on the other hand, are understood to have an inherent value that is not supported by the market.  You don&#039;t want your national gallery staff sorting out ways to make money &quot;or die&quot;, you want them running the gallery.  Otherwise  auction the portraits off, sell the grounds, and call it a day.

And while I have an antipathy to this pursuit of copyright, I&#039;m also sympathetic to a public institution with a dwindling budget feeling desperate about even 5% of its funding.  I&#039;m sure a follow-up post will delve into why the NPG feels so fiscally insecure- right?</description>
		<content:encoded><![CDATA[<blockquote><p>in the real world, when your revenue stream starts to dry up, you root hog, or die. Why doesn&#8217;t the NPG hire some staff to work on new ways of making money?</p></blockquote>
<p>In the world of private business, your enterprise is understood to have no inherent value, only the value assigned it by the market.  Publicly-funded enterprises, on the other hand, are understood to have an inherent value that is not supported by the market.  You don&#8217;t want your national gallery staff sorting out ways to make money &#8220;or die&#8221;, you want them running the gallery.  Otherwise  auction the portraits off, sell the grounds, and call it a day.</p>
<p>And while I have an antipathy to this pursuit of copyright, I&#8217;m also sympathetic to a public institution with a dwindling budget feeling desperate about even 5% of its funding.  I&#8217;m sure a follow-up post will delve into why the NPG feels so fiscally insecure- right?</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-546575</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-546575</guid>
		<description>&quot;... and charge people for the digital viewing of these same work&quot;

Actually no. The digital viewing was free. What they want to control is the high resolution files that would allow someone to print up 20x16 gallery quality prints which are then flogged cheap on eBay, as the printer didn&#039;t have to pay to create the digital files. These would directly compete with the ones that the NPG sells the revenue of which enables them to make more works available digitally.
</description>
		<content:encoded><![CDATA[<p>&#8220;&#8230; and charge people for the digital viewing of these same work&#8221;</p>
<p>Actually no. The digital viewing was free. What they want to control is the high resolution files that would allow someone to print up 20&#215;16 gallery quality prints which are then flogged cheap on eBay, as the printer didn&#8217;t have to pay to create the digital files. These would directly compete with the ones that the NPG sells the revenue of which enables them to make more works available digitally.</p>
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		<title>By: Fee</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545817</link>
		<dc:creator>Fee</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545817</guid>
		<description>The reason I took notice of this story and suggested it was that last year I tried to get an image for an exhibition which my ocal Quaker meeting was holding to celebrate its 350th.  The NPG has a copy of a picture by the painter Benjamin West which shows his family - and John West, his father, went to school at the Quaker school in Uxbridge.

The NPG wanted money for a good quality copy of the image, which I thought was of course reasonable, and money for the use of the photograph which I did not - not for an exhibition which was likely to be seen by fewer than 500 people.

The point is, not only do they claim copyright on their photographs of the paintings, but they also claim copyright on any pictures you take too... when I suggested I could come to the Gallery and take my own picture, I was told the same charges would apply.

I think pictures which beong to the nation and are out of copyright should be in the pubic domain... I think there should be away of funding that without restricting the public access to the out-of-copyright material.

The Gallery itself argued that they wanted to raise the quality of the prints and photographs of their images which are used - the best way of doing that would be to release the high-res images as being in the public domain, and find other ways of raising money.

Sometimes I feel that public bodies and charities lose sight of their purpose in favour of making money at every turn.  They say that the aim of the National Portrait Gallery, London is â€˜to promote through the medium of portraits the appreciation and understanding of the men and women who have made and are making British history and culture, and ... to promote the appreciation and understanding of portraiture in all mediaâ€™.  How better to do this than through Wikipedia?</description>
		<content:encoded><![CDATA[<p>The reason I took notice of this story and suggested it was that last year I tried to get an image for an exhibition which my ocal Quaker meeting was holding to celebrate its 350th.  The NPG has a copy of a picture by the painter Benjamin West which shows his family &#8211; and John West, his father, went to school at the Quaker school in Uxbridge.</p>
<p>The NPG wanted money for a good quality copy of the image, which I thought was of course reasonable, and money for the use of the photograph which I did not &#8211; not for an exhibition which was likely to be seen by fewer than 500 people.</p>
<p>The point is, not only do they claim copyright on their photographs of the paintings, but they also claim copyright on any pictures you take too&#8230; when I suggested I could come to the Gallery and take my own picture, I was told the same charges would apply.</p>
<p>I think pictures which beong to the nation and are out of copyright should be in the pubic domain&#8230; I think there should be away of funding that without restricting the public access to the out-of-copyright material.</p>
<p>The Gallery itself argued that they wanted to raise the quality of the prints and photographs of their images which are used &#8211; the best way of doing that would be to release the high-res images as being in the public domain, and find other ways of raising money.</p>
<p>Sometimes I feel that public bodies and charities lose sight of their purpose in favour of making money at every turn.  They say that the aim of the National Portrait Gallery, London is â€˜to promote through the medium of portraits the appreciation and understanding of the men and women who have made and are making British history and culture, and &#8230; to promote the appreciation and understanding of portraiture in all mediaâ€™.  How better to do this than through Wikipedia?</p>
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		<title>By: PalookaJoe</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545818</link>
		<dc:creator>PalookaJoe</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545818</guid>
		<description>To my biased and untrained eye, it takes some serious mental gymnastics and a huge dollop of chutzpah to claim ownership over a photograph of someone else&#039;s artwork, especially when the photographs make no substantial change to the original artwork. It&#039;s like scanning a book and claiming that you now hold a copyright to the photocopy.

From the strictly legal angle it sounds like the NPG may have grounds to restrict access to these works. But from a common-sense (and by &quot;common&quot; I mean &quot;common among people who think exactly like me&quot;) moral standpoint it makes me very uncomfortable. 
</description>
		<content:encoded><![CDATA[<p>To my biased and untrained eye, it takes some serious mental gymnastics and a huge dollop of chutzpah to claim ownership over a photograph of someone else&#8217;s artwork, especially when the photographs make no substantial change to the original artwork. It&#8217;s like scanning a book and claiming that you now hold a copyright to the photocopy.</p>
<p>From the strictly legal angle it sounds like the NPG may have grounds to restrict access to these works. But from a common-sense (and by &#8220;common&#8221; I mean &#8220;common among people who think exactly like me&#8221;) moral standpoint it makes me very uncomfortable. </p>
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		<title>By: dros</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545824</link>
		<dc:creator>dros</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545824</guid>
		<description>these photos have cost a hell of a lot of money to produce. the event of their photography, despite any amount of care provided, causes the object to deteriorate. this &#039;cost&#039; should also be considered, alongside any renumeration.

the high res images&#039; main function would be for use in academic presentations and publications. if the pictures were freely available from a third party, then collection managers would not see a &#039;return&#039; in the next column, when assessing the efficacy of their department. now, in a public museum, a &#039;return&#039; does not necessarily have to be fiscal - it can be a publication; the number of participants in a workshop; number of respondents to a questionnaire; participants in volunteer training; positive/negative feedback; personal or detailed collections enquiries; submissions of objects or memories to the collection. by devolving control of the object and its likeness, all this feedback and engagement is something museums miss - despite their best efforts. we *want* to know how you feel about these objects, what they mean to you and so on. when information is scattered and unattributed, we lose our ability to commit it to historical record, and do not have the resources to go chasing after it.

the thing is, the only &#039;return&#039; that comes from releasing high-res images of your own collection, is that other people will use it to make money. why not have a piece of that cake? there is very little funding available for public museums at the moment. an image in an useable, &#039;will-do&#039; format (i.e. not for academic publication), of course, is fair game, and they should be available on line for all to use, see and explore. this is what most members of the public ask for when making a request for an image anyway.

what does a high-res image provide for the general user, that a med-res image does not? you only really need the kind of detail provided by specialist photography if you are making copies of the image for use elsewhere. 

also - you forget that the curator is legally bound to look after the object and its likeness, through thick and thin. it a complicated, and often emotive subject, but is all part of being a cultural advocate.</description>
		<content:encoded><![CDATA[<p>these photos have cost a hell of a lot of money to produce. the event of their photography, despite any amount of care provided, causes the object to deteriorate. this &#8216;cost&#8217; should also be considered, alongside any renumeration.</p>
<p>the high res images&#8217; main function would be for use in academic presentations and publications. if the pictures were freely available from a third party, then collection managers would not see a &#8216;return&#8217; in the next column, when assessing the efficacy of their department. now, in a public museum, a &#8216;return&#8217; does not necessarily have to be fiscal &#8211; it can be a publication; the number of participants in a workshop; number of respondents to a questionnaire; participants in volunteer training; positive/negative feedback; personal or detailed collections enquiries; submissions of objects or memories to the collection. by devolving control of the object and its likeness, all this feedback and engagement is something museums miss &#8211; despite their best efforts. we *want* to know how you feel about these objects, what they mean to you and so on. when information is scattered and unattributed, we lose our ability to commit it to historical record, and do not have the resources to go chasing after it.</p>
<p>the thing is, the only &#8216;return&#8217; that comes from releasing high-res images of your own collection, is that other people will use it to make money. why not have a piece of that cake? there is very little funding available for public museums at the moment. an image in an useable, &#8216;will-do&#8217; format (i.e. not for academic publication), of course, is fair game, and they should be available on line for all to use, see and explore. this is what most members of the public ask for when making a request for an image anyway.</p>
<p>what does a high-res image provide for the general user, that a med-res image does not? you only really need the kind of detail provided by specialist photography if you are making copies of the image for use elsewhere. </p>
<p>also &#8211; you forget that the curator is legally bound to look after the object and its likeness, through thick and thin. it a complicated, and often emotive subject, but is all part of being a cultural advocate.</p>
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		<title>By: dros</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545826</link>
		<dc:creator>dros</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545826</guid>
		<description>as an aside, many museums don&#039;t even own the copyright to likenesses of their own collections! -that honour usually goes to large photo agencies, or descendants of the artists. so perhaps the National Gallery doesn&#039;t even have the right to take photos of these paintings themselves, without paying a hefty fee to a picture library! </description>
		<content:encoded><![CDATA[<p>as an aside, many museums don&#8217;t even own the copyright to likenesses of their own collections! -that honour usually goes to large photo agencies, or descendants of the artists. so perhaps the National Gallery doesn&#8217;t even have the right to take photos of these paintings themselves, without paying a hefty fee to a picture library! </p>
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		<title>By: stumo</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545576</link>
		<dc:creator>stumo</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545576</guid>
		<description>Personally, I disagree - I think they&#039;re well within their rights to try to get some money back from the cost of scanning/photographing. The images were available from NPG pages, that could be linked to. Now they aren&#039;t precisely because of this - meaning that other stuff they scan won&#039;t be available.

The other issue here is that Wikipedia seems to be ignoring local laws, believing that because USA copyright law differs on this issue, all&#039;s fine. That leaves a rather bad taste in the mouth.</description>
		<content:encoded><![CDATA[<p>Personally, I disagree &#8211; I think they&#8217;re well within their rights to try to get some money back from the cost of scanning/photographing. The images were available from NPG pages, that could be linked to. Now they aren&#8217;t precisely because of this &#8211; meaning that other stuff they scan won&#8217;t be available.</p>
<p>The other issue here is that Wikipedia seems to be ignoring local laws, believing that because USA copyright law differs on this issue, all&#8217;s fine. That leaves a rather bad taste in the mouth.</p>
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		<title>By: Simon Bradshaw</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545579</link>
		<dc:creator>Simon Bradshaw</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545579</guid>
		<description>I&#039;ve been discussing this with other ORG legal volunteers, and our conclusion, &lt;a href=&quot;http://lawclanger.blogspot.com/2009/07/its-not-often-that-copyright-cases-get.html&quot;&gt;as I&#039;ve summarised on my law blog&lt;/a&gt;, is that whilst the NPG&#039;s legal arguments aren&#039;t without foundation they&#039;re a whole lot shakier than their letter to Mr Coetzee would make out.
</description>
		<content:encoded><![CDATA[<p>I&#8217;ve been discussing this with other ORG legal volunteers, and our conclusion, <a href="http://lawclanger.blogspot.com/2009/07/its-not-often-that-copyright-cases-get.html">as I&#8217;ve summarised on my law blog</a>, is that whilst the NPG&#8217;s legal arguments aren&#8217;t without foundation they&#8217;re a whole lot shakier than their letter to Mr Coetzee would make out.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545583</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545583</guid>
		<description>I looked into this a few years ago but not in relation to UK law. Is there enough originality in a photograph of an artwork to claim any form of copyright? I think they are pushing it.</description>
		<content:encoded><![CDATA[<p>I looked into this a few years ago but not in relation to UK law. Is there enough originality in a photograph of an artwork to claim any form of copyright? I think they are pushing it.</p>
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		<title>By: CrosbieFitch</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-546610</link>
		<dc:creator>CrosbieFitch</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-546610</guid>
		<description>A revenue stream from the digitisation of oil paintings that doesn&#039;t involve suspending the public&#039;s liberty - to freely share and build upon published works of art? And that doesn&#039;t simply constitute taxation?

Tricky. It may take some time finding such a revenue mechanism...

The &lt;a href=&quot;http://tdaa.digitalproductions.co.uk/history/essay.htm&quot;&gt;Digital Art Auction&lt;/a&gt; is a means of determining the equivalent retail price of a digitally representable work of art if each bidder paid the same price (not exceeding their valuation).

Thus, if 3,300 images cost Â£1,000,000 to digitise then each image need only fetch Â£300 at auction to break even. Â£300 could be raised by 30 people bidding at least Â£10, 300 bidding at least Â£1, or 3,000 at 10p, etc.

Therefore, there are indeed ways of enabling the public to pay for works to be published that don&#039;t involve suspending their liberty to share and build upon their cultural heritage (and that don&#039;t involve dubious taxation).

As far as I am aware, the implementation of the Digital Art Auction closest to completion is currently: https://www.liberateip.com

NB There are many implementations of the Street Performer Protocol, but this is simply a means of collecting donations of varying amounts with a refund in the event the target fund isn&#039;t reached. See http://fundable.com.
</description>
		<content:encoded><![CDATA[<p>A revenue stream from the digitisation of oil paintings that doesn&#8217;t involve suspending the public&#8217;s liberty &#8211; to freely share and build upon published works of art? And that doesn&#8217;t simply constitute taxation?</p>
<p>Tricky. It may take some time finding such a revenue mechanism&#8230;</p>
<p>The <a href="http://tdaa.digitalproductions.co.uk/history/essay.htm">Digital Art Auction</a> is a means of determining the equivalent retail price of a digitally representable work of art if each bidder paid the same price (not exceeding their valuation).</p>
<p>Thus, if 3,300 images cost Â£1,000,000 to digitise then each image need only fetch Â£300 at auction to break even. Â£300 could be raised by 30 people bidding at least Â£10, 300 bidding at least Â£1, or 3,000 at 10p, etc.</p>
<p>Therefore, there are indeed ways of enabling the public to pay for works to be published that don&#8217;t involve suspending their liberty to share and build upon their cultural heritage (and that don&#8217;t involve dubious taxation).</p>
<p>As far as I am aware, the implementation of the Digital Art Auction closest to completion is currently: <a href="https://www.liberateip.com" rel="nofollow">https://www.liberateip.com</a></p>
<p>NB There are many implementations of the Street Performer Protocol, but this is simply a means of collecting donations of varying amounts with a refund in the event the target fund isn&#8217;t reached. See <a href="http://fundable.com" rel="nofollow">http://fundable.com</a>.</p>
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		<title>By: orangebag</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545588</link>
		<dc:creator>orangebag</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545588</guid>
		<description>&lt;blockquote&gt;&quot;It is hard to see a plausible argument that excluding public domain content from a free, non-profit encyclopaedia serves any public interest whatsoever,&quot; he wrote&lt;/blockquote&gt;

1stly you should make clear who &quot;he&quot; is. (Deputy Director Wikimedia Foundation)

2ndly the quote does not address the possible legal issues: are the photos themselves under copyright? and did the US person who circumvented the protection to obtain the complete hi res images break UK law in obtaining them? (despite being in the US). But you did address the legal issue in your comments before the quote from BBC article.

&lt;blockquote&gt;If you believe the public wants to subsidize the creation of commercial art-books, then get out of the art-gallery business, start a publisher&lt;/blockquote&gt;
Why can&#039;t they do both?

I am not really surprised that the NPG reacted as they did.  They probably have a case under UK law, and that placing high res copies on wiki will eat into their income.

I don&#039;t know if you have already done so, but you could mention that the NPG has already offered to make low res copies available to wikipedia.


An aside: if you allow free use of cameras, how do you stop people accidentally setting off their flash? My guess would be that 5-10% of people won&#039;t turn them off properly. (I am of course assuming that flashes have been shown to speed up damage to paintings or other art)</description>
		<content:encoded><![CDATA[<blockquote><p>&#8220;It is hard to see a plausible argument that excluding public domain content from a free, non-profit encyclopaedia serves any public interest whatsoever,&#8221; he wrote</p></blockquote>
<p>1stly you should make clear who &#8220;he&#8221; is. (Deputy Director Wikimedia Foundation)</p>
<p>2ndly the quote does not address the possible legal issues: are the photos themselves under copyright? and did the US person who circumvented the protection to obtain the complete hi res images break UK law in obtaining them? (despite being in the US). But you did address the legal issue in your comments before the quote from BBC article.</p>
<blockquote><p>If you believe the public wants to subsidize the creation of commercial art-books, then get out of the art-gallery business, start a publisher</p></blockquote>
<p>Why can&#8217;t they do both?</p>
<p>I am not really surprised that the NPG reacted as they did.  They probably have a case under UK law, and that placing high res copies on wiki will eat into their income.</p>
<p>I don&#8217;t know if you have already done so, but you could mention that the NPG has already offered to make low res copies available to wikipedia.</p>
<p>An aside: if you allow free use of cameras, how do you stop people accidentally setting off their flash? My guess would be that 5-10% of people won&#8217;t turn them off properly. (I am of course assuming that flashes have been shown to speed up damage to paintings or other art)</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-881716</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-881716</guid>
		<description>The NPG should block Googlebot from its images. By failing to do so, they give an implied licence to Google to display them.</description>
		<content:encoded><![CDATA[<p>The NPG should block Googlebot from its images. By failing to do so, they give an implied licence to Google to display them.</p>
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		<title>By: Takuan</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545590</link>
		<dc:creator>Takuan</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545590</guid>
		<description>in the real world, when your revenue stream starts to dry up, you root hog, or die. Why doesn&#039;t the NPG hire some staff to work on new ways of making money?</description>
		<content:encoded><![CDATA[<p>in the real world, when your revenue stream starts to dry up, you root hog, or die. Why doesn&#8217;t the NPG hire some staff to work on new ways of making money?</p>
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		<title>By: Simon Bradshaw</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545594</link>
		<dc:creator>Simon Bradshaw</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545594</guid>
		<description>Takuan @4: I suspect that&#039;s what the NPG did a few years ago when the Government told them that major museums and galleries were no longer to charge for admission, but didn&#039;t up their funding to compensate.

Another group I&#039;m involved with used to hold a major book award ceremony in the Science Museum. When admission charges were abolished on government order, our previously free event suddenly was going to cost us Â£6,000. The UK&#039;s major museums are now all doing everything they can to raise extra revenue, but as Cory has noted it seems doubtful that the NPG is actually getting that much money from selling prints.</description>
		<content:encoded><![CDATA[<p>Takuan @4: I suspect that&#8217;s what the NPG did a few years ago when the Government told them that major museums and galleries were no longer to charge for admission, but didn&#8217;t up their funding to compensate.</p>
<p>Another group I&#8217;m involved with used to hold a major book award ceremony in the Science Museum. When admission charges were abolished on government order, our previously free event suddenly was going to cost us Â£6,000. The UK&#8217;s major museums are now all doing everything they can to raise extra revenue, but as Cory has noted it seems doubtful that the NPG is actually getting that much money from selling prints.</p>
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		<title>By: Takuan</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545599</link>
		<dc:creator>Takuan</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545599</guid>
		<description>sell embarrassing portraits of elected ticks then. I&#039;ll bet folks like Steve Bell would donate their work.</description>
		<content:encoded><![CDATA[<p>sell embarrassing portraits of elected ticks then. I&#8217;ll bet folks like Steve Bell would donate their work.</p>
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		<title>By: Takuan</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545600</link>
		<dc:creator>Takuan</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545600</guid>
		<description>say, who were the Spitting Image artists?</description>
		<content:encoded><![CDATA[<p>say, who were the Spitting Image artists?</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545606</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545606</guid>
		<description>&lt;blockquote&gt;the BBC jealously guards its additional DVD income and shies away from any kind of public archive that might undermine it, saying that the five percent of its budget derived from commercial operations is so important that the material funded with the other 95 percent of its income -- which comes directly from the public -- should be locked up.&lt;/blockquote&gt;

Actually it&#039;s more like 75% of the BBC&#039;s income that comes from licence fees...</description>
		<content:encoded><![CDATA[<blockquote><p>the BBC jealously guards its additional DVD income and shies away from any kind of public archive that might undermine it, saying that the five percent of its budget derived from commercial operations is so important that the material funded with the other 95 percent of its income &#8212; which comes directly from the public &#8212; should be locked up.</p></blockquote>
<p>Actually it&#8217;s more like 75% of the BBC&#8217;s income that comes from licence fees&#8230;</p>
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		<title>By: Simeon</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545619</link>
		<dc:creator>Simeon</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545619</guid>
		<description>I had some comment to make here but #2 Has thrown me. I&#039;ve only ever seen the name Simon Bradshaw as a misspelling of my own name - Simeon Bradshaw. Usually it&#039;s annoying as invariably it means someone has taken it upon themselves to &#039;correct&#039; my name, as if I can&#039;t fill a form or spell my own name.

 I had an odd lurching feeling, like discovering an account had been hacked. Luckily, on reading Simon&#039;s posts it&#039;s turns out he&#039;s genuine, erudite and funny. Suddenly I wouldn&#039;t mind being mixed up for the guy. I do sometimes wish I&#039;d been named Bob though.

Can&#039;t wiki just use the lo-res and NPG still profit from publishing? As Orangebag notes this has been suggested by the NPG.

Increasingly here, when you look for the facts behind the headline, I&#039;m finding it&#039;s a different story. More rigour please!</description>
		<content:encoded><![CDATA[<p>I had some comment to make here but #2 Has thrown me. I&#8217;ve only ever seen the name Simon Bradshaw as a misspelling of my own name &#8211; Simeon Bradshaw. Usually it&#8217;s annoying as invariably it means someone has taken it upon themselves to &#8216;correct&#8217; my name, as if I can&#8217;t fill a form or spell my own name.</p>
<p> I had an odd lurching feeling, like discovering an account had been hacked. Luckily, on reading Simon&#8217;s posts it&#8217;s turns out he&#8217;s genuine, erudite and funny. Suddenly I wouldn&#8217;t mind being mixed up for the guy. I do sometimes wish I&#8217;d been named Bob though.</p>
<p>Can&#8217;t wiki just use the lo-res and NPG still profit from publishing? As Orangebag notes this has been suggested by the NPG.</p>
<p>Increasingly here, when you look for the facts behind the headline, I&#8217;m finding it&#8217;s a different story. More rigour please!</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-616281</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-616281</guid>
		<description>By the way, Canada still does not have a national portrait gallery of any sort. We do have a whole bunch of portraits locked away in a vault at the National Library, but no gallery to see them at, online or otherwise. The Brits actually have it really good. </description>
		<content:encoded><![CDATA[<p>By the way, Canada still does not have a national portrait gallery of any sort. We do have a whole bunch of portraits locked away in a vault at the National Library, but no gallery to see them at, online or otherwise. The Brits actually have it really good. </p>
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		<title>By: Simon Bradshaw</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545626</link>
		<dc:creator>Simon Bradshaw</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545626</guid>
		<description>Peter Fluck and Roger Law. You&#039;d probably want material from the likes of Martin Rowson and Gerald Scarfe as well though (and Scarfe is shown as having some 17 pictures in the NPG&#039;s collection already).</description>
		<content:encoded><![CDATA[<p>Peter Fluck and Roger Law. You&#8217;d probably want material from the likes of Martin Rowson and Gerald Scarfe as well though (and Scarfe is shown as having some 17 pictures in the NPG&#8217;s collection already).</p>
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		<title>By: Beanolini</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545638</link>
		<dc:creator>Beanolini</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545638</guid>
		<description>&lt;blockquote&gt;An aside: if you allow free use of cameras, how do you stop people accidentally setting off their flash?
&lt;/blockquote&gt;

The &lt;a href=&quot;http://en.wikipedia.org/wiki/Cluny_Museum&quot;&gt;Cluny Museum&lt;/a&gt; in Paris achieves this by employing assistants to multilingually berate anyone who does use a flash. After witnessing one woman getting a prolonged tongue-lashing, I was very careful to ensure my flash was off.  </description>
		<content:encoded><![CDATA[<blockquote><p>An aside: if you allow free use of cameras, how do you stop people accidentally setting off their flash?
</p></blockquote>
<p>The <a href="http://en.wikipedia.org/wiki/Cluny_Museum">Cluny Museum</a> in Paris achieves this by employing assistants to multilingually berate anyone who does use a flash. After witnessing one woman getting a prolonged tongue-lashing, I was very careful to ensure my flash was off.  </p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545901</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545901</guid>
		<description>To those saying &quot;of course the museum has the copyright to the photos of their collection,&quot; let me try and explain the American view, as exemplified in Corel v. Bridgemen.  Copyright is available to new, creative works.  Copyright is available to derivative works, only to the new elements of those works.  The amount of work &quot;sweat of the brow,&quot; is immaterial, rather it is the amount of creativity that matters.  Although these sorts of archival photographs require alot of work, (eg. The photographer is only working with 3 pigments, while the artist was working with many, so colo(u)r matching can be difficult) they&#039;re not CREATIVE and NOVEL.  </description>
		<content:encoded><![CDATA[<p>To those saying &#8220;of course the museum has the copyright to the photos of their collection,&#8221; let me try and explain the American view, as exemplified in Corel v. Bridgemen.  Copyright is available to new, creative works.  Copyright is available to derivative works, only to the new elements of those works.  The amount of work &#8220;sweat of the brow,&#8221; is immaterial, rather it is the amount of creativity that matters.  Although these sorts of archival photographs require alot of work, (eg. The photographer is only working with 3 pigments, while the artist was working with many, so colo(u)r matching can be difficult) they&#8217;re not CREATIVE and NOVEL.  </p>
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		<title>By: Takuan</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545647</link>
		<dc:creator>Takuan</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545647</guid>
		<description>I&#039;d set up a slave flash relay hooked up to one of those crowd microwave torture devices.</description>
		<content:encoded><![CDATA[<p>I&#8217;d set up a slave flash relay hooked up to one of those crowd microwave torture devices.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545653</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545653</guid>
		<description>I&#039;m afraid I&#039;m going to have to employ a solicitor to draw up a suit against the National Portrait Gallery for uttering a false claim of ownership, as I, Lazlo Pink, am the true author and copyright owner of the &quot;No Photography&quot; sign. Barstards! Meanwhile, I think it is both brave and wise for the NPG to make war on a vast, free, global advertising medium like the hated Wikipedia. Fie, fie I say. 

Thank the Old Ones that nobody from the gallery stooped to making an accommodation like providing Wiki with lovely high resolution scans of the portraiture with a watermark band along the bottom promoting the museum. Imagine the fallout from that, ruin! Why, people would not only see pictures on their screens but they would know where they could find the actual graphical artifacts. </description>
		<content:encoded><![CDATA[<p>I&#8217;m afraid I&#8217;m going to have to employ a solicitor to draw up a suit against the National Portrait Gallery for uttering a false claim of ownership, as I, Lazlo Pink, am the true author and copyright owner of the &#8220;No Photography&#8221; sign. Barstards! Meanwhile, I think it is both brave and wise for the NPG to make war on a vast, free, global advertising medium like the hated Wikipedia. Fie, fie I say. </p>
<p>Thank the Old Ones that nobody from the gallery stooped to making an accommodation like providing Wiki with lovely high resolution scans of the portraiture with a watermark band along the bottom promoting the museum. Imagine the fallout from that, ruin! Why, people would not only see pictures on their screens but they would know where they could find the actual graphical artifacts. </p>
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		<title>By: EdWatkins</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-545656</link>
		<dc:creator>EdWatkins</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-545656</guid>
		<description>&lt;blockquote&gt;...the BBC jealously guards its additional DVD income and shies away from any kind of public archive that might undermine it.&lt;/blockquote&gt;


I believe you&#039;re wrong about this. I know for a fact that the BBC are currently internally beta testing a version of the iplayer which has access to the entire digitized BBC archive. Pending the testing, it is slated for public release sometime next year.</description>
		<content:encoded><![CDATA[<blockquote><p>&#8230;the BBC jealously guards its additional DVD income and shies away from any kind of public archive that might undermine it.</p></blockquote>
<p>I believe you&#8217;re wrong about this. I know for a fact that the BBC are currently internally beta testing a version of the iplayer which has access to the entire digitized BBC archive. Pending the testing, it is slated for public release sometime next year.</p>
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		<title>By: Deidzoeb</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-546689</link>
		<dc:creator>Deidzoeb</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-546689</guid>
		<description>Am I right in thinking the national gallery is like a public museum? On the one hand, I understand they need income to meet their costs. On the other hand, this seems fundamentally opposed to the mission of any public museum, displaying their artifacts for the public.</description>
		<content:encoded><![CDATA[<p>Am I right in thinking the national gallery is like a public museum? On the one hand, I understand they need income to meet their costs. On the other hand, this seems fundamentally opposed to the mission of any public museum, displaying their artifacts for the public.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2009/07/20/uk-national-portrait.html#comment-547457</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-547457</guid>
		<description>&lt;blockquote&gt;&quot;Taking these photographs is a very skilled process, involves a number of people/equipment/lighting (actually photographing paintings this well is one of the hardest things to photograph), and can only be done when the gallery is closed (adding to expense).&quot;&lt;/blockquote&gt;

The problem with this line of reasoning is that these images are in all likelihood already photographed and archived on slides or as digital files (and thus quite easily and inexpensively converted if necessary and published to the web--even if &quot;zoomified,&quot; since that&#039;s a free application). Any responsible curator would have high quality images of the originals for insurance purposes, and even if that weren&#039;t the case many of these will also have been archived as high quality copies for printed material already.

In fact, while many of the offending Wikimedia images are beautiful copies of the originals, others are look like they&#039;re just scans from prints -- you can see the dots:

e.g.:

http://upload.wikimedia.org/wikipedia/commons/6/63/Anne_Boleyn.png

http://upload.wikimedia.org/wikipedia/commons/f/f3/Anne_of_Cleves.png

http://upload.wikimedia.org/wikipedia/commons/6/6d/Anne_of_Denmark_in_mourning.jpg

</description>
		<content:encoded><![CDATA[<blockquote><p>&#8220;Taking these photographs is a very skilled process, involves a number of people/equipment/lighting (actually photographing paintings this well is one of the hardest things to photograph), and can only be done when the gallery is closed (adding to expense).&#8221;</p></blockquote>
<p>The problem with this line of reasoning is that these images are in all likelihood already photographed and archived on slides or as digital files (and thus quite easily and inexpensively converted if necessary and published to the web&#8211;even if &#8220;zoomified,&#8221; since that&#8217;s a free application). Any responsible curator would have high quality images of the originals for insurance purposes, and even if that weren&#8217;t the case many of these will also have been archived as high quality copies for printed material already.</p>
<p>In fact, while many of the offending Wikimedia images are beautiful copies of the originals, others are look like they&#8217;re just scans from prints &#8212; you can see the dots:</p>
<p>e.g.:</p>
<p><a href="http://upload.wikimedia.org/wikipedia/commons/6/63/Anne_Boleyn.png" rel="nofollow">http://upload.wikimedia.org/wikipedia/commons/6/63/Anne_Boleyn.png</a></p>
<p><a href="http://upload.wikimedia.org/wikipedia/commons/f/f3/Anne_of_Cleves.png" rel="nofollow">http://upload.wikimedia.org/wikipedia/commons/f/f3/Anne_of_Cleves.png</a></p>
<p><a href="http://upload.wikimedia.org/wikipedia/commons/6/6d/Anne_of_Denmark_in_mourning.jpg" rel="nofollow">http://upload.wikimedia.org/wikipedia/commons/6/6d/Anne_of_Denmark_in_mourning.jpg</a></p>
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