[Clipart] clipart Digest, Vol 60, Issue 31
oneminuteinspirations at gmail.com
Thu Mar 19 16:46:28 PDT 2009
I think the Dover books make the same claim as the usf.edu site. That's
why I haven't vectorized anything out of a Dover book.
But I think there's a real difference between saying:
"These are Public Domain works"
"These are copyrighted works derived from Public Domain works"
If you say the first in a prominent place on the page where you display
the artwork(s), then put the second in the fine print, it's a bit of
bait and switch. It sucks, but the safest route is to just back off.
John Olsen wrote:
> Seems if something is stated as being PD, then it is PD at least from
> our legal position. And I would not worry unless we got a request to
> remove them. Then it would be a matter of the requester proving some
> proof of ownership. Having a statement saying the images are public
> domain and from prior to 1923 does not seem like a good way to make a
> case for ownership. I have seen one site that claims the work they
> have done in scanning and cleaning up public domain images now make
> them their property http://etc.usf.edu/clipart/ .
> "It is true that the original drawings that many items in this
> collection are based on have long passed into the public domain.
> However, by the time we have scanned, cropped, cut out backgrounds,
> fixed broken lines, simplified, sharpened, and otherwise cleaned up
> the original drawing, the result is a new artwork derived from the
> earlier drawing. The derivative work is protected by copyright even
> though the original is in the public domain."
> This is a questionable argument as the SCOTUS has ruled that
> reproducing an image of a public domain item does not make the image
> of the item now a copyrightable item. I suppose I could make the same
> claim on the things I scan. Indeed I can find the original sources
> for many of their files. So it would merely be a matter for me to
> scan them and place them directly in OCAL. All in all, I think it is
> a weak argument.
> As to wpclipart, I know we have worked back and forth with this site -
> a lot of images that are there were obtained from OCAL. Keep in mind
> these sites could just as likely be getting images from us as we
> getting them from their sites.
> John Olsen
> On Mar 19, 2009, at 2:08 PM, clipart-request at lists.freedesktop.org
>> Message: 4
>> Date: Thu, 19 Mar 2009 21:36:52 +0100
>> From: Joanna Pszenicyn <papapishu at gmail.com>
>> Subject: Re: [Clipart] - Possible Violation?
>> To: clipart at lists.freedesktop.org
>> <37214d760903191336i4674742fk1e9db1eca33f75d6 at mail.gmail.com>
>> Content-Type: text/plain; charset="iso-8859-1"
>> Nicu Buculei wrote:
>>> I am not the person who flagged it, but I suspect is about this:
>> We have about 7 images from that page, mainly angel wings, as
>> searching for
>> "karenswhimsy" shows.
>> We also have many images from wpclipart.com (search for
>> "wpclipart"), and
>> These images are public domain (PD), and that means they can be used
>> edited for whatever purpose you wish, personal or commercial. No
>> attrribution or linking is required, (although a link would be
>> I only make one request:
>> My website is mine. I do not expect anyone to copy my site or the
>> collection (in large part) to host online or sell. This would
>> compete with
>> my site, draining what revenue I generate through online ads. These
>> pay for
>> hosting and modestly compensate me all the ink I use in test
>> printing and
>> for the hundreds of hours I spend finding, creating and editing
>> What is the difference between this statement and that from
>> Karen, the owner of karenswhimsy, also calls her collection "Public
>> but then adds some restrictions. Yeah, I know that she has right to
>> do so,
>> but why write on top of the page
>> "WELCOME! :: You have arrived at the main page for my *public domain
>> On the following pages you will find hundreds of beautiful images
>> from my collection of old books, magazines, and postcards. They are
>> all from
>> material printed prior to 1923 and are in the public domain."
>> It is at least misleading :(
>> So, should delete at once all images from karenswhimsy.com or only
>> tag them
>> as pd_issue? And what about wpclipart? _Do_ we have a permission for
>> single image, or do we just feel that the words "[...] That said, if
>> wish to include the collection within a GPL-ed Linux distribution or
>> a package for that distribution, you are more than welcome to do so.
>> I am a
>> big proponent of Open Source [...]" are a "general" permission?????
>> Somewhat lost again,
>> set=US-ASCII; format=flowed; delsp=yes
> clipart mailing list
> clipart at lists.freedesktop.org
More information about the clipart