Hard News by Russell Brown

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Hard News: Grade-A lunacy. With your money.

78 Responses

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  • giovanni tiso,

    The material in question is not publicly available - it almost exclusively belongs to private collections and museums. It just so happens that copyright on it has expired.

    Wellington • Since Jun 2007 • 7473 posts Report Reply

  • steven crawford,

    I'm talking about a right in law, as per the opinion of a copyright lawyer friend regarding my scanning of public domain artworks from an out of print but still quite recent catalogue.

    So what was her opinion?

    Atlantis • Since Nov 2006 • 4316 posts Report Reply

  • Lyndon Hood,

    I suppose that if one can be held liable for tracing over a photo of Obama (summary may not reflect facts), it doesn't necessarily follow that the public retains a right to a scanned public domain image. But that angle does occur to me.

    Wellington • Since Nov 2006 • 1115 posts Report Reply

  • Grace Dalley,

    I imagine the organisation would have a challenge establishing any kind of loss when all the person is doing is linking to publicly available material.

    In most cases links to your content are a gain, surely?

    Christchurch • Since Nov 2008 • 138 posts Report Reply

  • giovanni tiso,

    So what was his opinion?

    Her opinion was that technically the authors of the catalogue had an enforceable claim. Moreover in the catalogue itself there was a very lenghty legal notice about the near-sacred nature of those pictures based - it seemed to me - entirely on the fact that they were in private hands.

    Wellington • Since Jun 2007 • 7473 posts Report Reply

  • steven crawford,

    The material in question is not publicly available - it almost exclusively belongs to private collections and museums. It just so happens that copyright on it has expired.

    I would argue that any image of said material that the privet collector or museum publishes isn't easily protected by copyright law.

    Edit/add, privet collectors and museums don't have reproduction rights to there collections, without contractual agreement with the artist, or when the artifact becomes public domain by duration.

    Atlantis • Since Nov 2006 • 4316 posts Report Reply

  • BenWilson,

    I'm seriously curious about the answer to CarlosNZ's question. Is there any enforceability at all to what links people have on their own sites? I can see a case if the link contains a login or something, in terms of "providing unauthorized access to a computer network", but if not?

    Auckland • Since Nov 2006 • 10633 posts Report Reply

  • Ian Dalziel,

    missing links sitegeist...
    I note BoingBoing touching on the same topic, and linking to a Guardian article

    and from the always cogent and prescient thoughts of the late Paul Reynolds in March this year:

    ...and by internal policy fiat there are very few hyper-links links to outside sources. Moreover, you will search in vain for a co-lab rights framework like Creative Commons, or any substantive links to the outside world of social networks.

    This lack of an external linking policy has come in for debate in the past. However, I predict there will be a fresh airing of this lack in the weeks to come.

    I say this because I believe that creative linking, and enhanced metadata behind the scenes, is now a mandatory part of the linked universe of cultural data.

    (my bolding)

    Christchurch • Since Dec 2006 • 7889 posts Report Reply

  • Lyndon Hood,

    AFAIK terms of use that rely on people's passive consent, or say "by doing [something you would expect to do anyway] you agree that ... ", don't tend to enforce all that well. And if you can view it as a contract, in the context of the site it's very small print, which is another problem. Though linkers have probably read and understood if they're asking that question.

    Totally not a lawyer etc etc

    Wellington • Since Nov 2006 • 1115 posts Report Reply

  • Danielle,

    Please submit comments in typing, double-spaced on single sided A4 paper. Attach to a bottle of single malt whiskey (min 750ml), and post to R Brown Esq, Private Bag, Point Chevalier. Enclose a stamped, self addressed envelope if you require acknowledgement or a reply.

    You jest, but when I worked at Waitakere Libraries three years ago, so desperate were they to remove the merest possibility of recreational email use that any staff member lower than a branch manager did not have their own email address. In order to contact a particular person at a branch via email, you would send your message to a general 'such and such branch' address, with an 'attn so and so' in the subject line, and people at that branch would then either call attention to it or - get this! - *print it out* for the recipient's perusal. There were actually folders containing printed out emails, shelved in the back room. Now *that's* efficiency!

    Charo World. Cuchi-cuchi!… • Since Nov 2006 • 3828 posts Report Reply

  • giovanni tiso,

    In order to contact a particular person at a branch via email, you would send your message to a general 'such and such branch' address, with an 'attn so and so' in the subject line, and people at that branch would then either call attention to it or - get this! - *print it out* for the recipient's perusal.

    And in the case of video attachments, groups of librarians would re-enact the scene and film it on VHS. A-la Be Kind Rewind.

    True story.

    Wellington • Since Jun 2007 • 7473 posts Report Reply

  • Kyle Matthews,

    If you link to an image, it doesn't mean it appears on your website.

    I mean more the imbedding of an image than the 'linking to'. That certainly what was a big issue when my uni library put up digital collections of art.

    My department had to get legal advice on the copyright of reproductions of artworks - either photos taken of them, or published works that contain those photos, as we use them extensively in teaching.

    The answer was, the more steps there are along the chain (publisher, photographer, gallery/museum, artist) etc, the more copyright gets complicated.

    But certainly, we were told that it was possible that a photographer could sue you for using their photo of something, if they had retained some rights, which is likely.

    How likely it is that would happen? Depends on your use, but typically 'not very'. A major company doing an international advertising campaign should be damn careful. A teacher ripping some images off a web site and some scans out of a book for their classes... very low risk.

    Since Nov 2006 • 6243 posts Report Reply

  • giovanni tiso,

    I mean more the imbedding of an image than the 'linking to'. That certainly what was a big issue when my uni library put up digital collections of art.

    Yes, but all these disclaimers refer to linking, not embedding.

    Wellington • Since Jun 2007 • 7473 posts Report Reply

  • Russell Brown,

    Please submit comments in typing, double-spaced on single sided A4 paper. Attach to a bottle of single malt whiskey (min 750ml), and post to R Brown Esq, Private Bag, Point Chevalier.

    I warmly endorse this policy.

    Auckland • Since Nov 2006 • 22754 posts Report Reply

  • Sacha,

    Generations of editors and supplicants seeking favourable coverage have probably long established a single malt economy at the Northern Club and other suitable venues for the transacting of favours and commerce.

    Ak • Since May 2008 • 19686 posts Report Reply

  • Sacha,

    As Emma suggests, copy and paste is often the culprit with boilerplate text like T&Cs. Borrowed without much thought from previous sites by the same developer or organisation to save money and time. Sometimes from other jurisdictions where suing is pursued with gusto. All rooted in last century's thinking.

    Ak • Since May 2008 • 19686 posts Report Reply

  • Daveosaurus,

    via Thurn and Taxis, W.A.S.T.E. or Bolger's lot?

    I think the current owners of the Thurn and Taxis infrastructure (after half a dozen corporate and/or national upheavals) are Deutsche Post A.G. Which, for some reason, are the people who Amazon use to post things from America to New Zealand. No idea why.

    Somewhere out there • Since Apr 2010 • 7 posts Report Reply

  • Danielle,

    And in the case of video attachments, groups of librarians would re-enact the scene and film it on VHS. A-la Be Kind Rewind.
    True story.

    You jest, but:

    (KILL ME NOW, etc.)

    Charo World. Cuchi-cuchi!… • Since Nov 2006 • 3828 posts Report Reply

  • recordari,

    I warmly endorse this policy.
    Generations of editors and supplicants seeking favourable coverage have probably long established a single malt economy at the Northern Club and other suitable venues for the transacting of favours and commerce.

    Our very own Forth Estate. We are talking 'Point Chevalier' so maybe the Four Horsemen of the Apocalypse?

    (KILL ME NOW, etc.)

    No, me first.
    [Redacted. That video has cured me. In fact I want my minute back, which is all I could stomach.]

    AUCKLAND • Since Dec 2009 • 2607 posts Report Reply

  • Sacha,

    Deutsche Post A.G. Which, for some reason, are the people who Amazon use to post things from America to New Zealand. No idea why.

    They own DHL which I understand owns half of CourierPost.

    Ak • Since May 2008 • 19686 posts Report Reply

  • giovanni tiso,

    You jest, but:

    Never do that again to us. My eyes!

    Wellington • Since Jun 2007 • 7473 posts Report Reply

  • Pete Sime,

    Wow. I'm stunned, and I'm also a bit proud of my own workplace

    Dunedin • Since Apr 2008 • 167 posts Report Reply

  • Danielle,

    Never do that again to us. My eyes!

    Perhaps all my bitching on Facebook about Dumb Library School (TM) should just be replaced with a weekly posting of that video. It says so much.

    Charo World. Cuchi-cuchi!… • Since Nov 2006 • 3828 posts Report Reply

  • giovanni tiso,

    Seriously, I need to claim ACC on that.

    Wellington • Since Jun 2007 • 7473 posts Report Reply

  • recordari,

    Seriously, I need to claim ACC on that.

    Sorry, neck or eye injuries caused by rapidly jerking ones head away from salacious internet material is no longer covered.

    I'm surprised it's not in the T&C.

    AUCKLAND • Since Dec 2009 • 2607 posts Report Reply

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