>
> --- On Sun, 12/7/09, Peter Coombe <
thewub.wiki@xxxxxxxxxxxxxx> wrote:
>
>> From: Peter Coombe <
thewub.wiki@xxxxxxxxxxxxxx>
>> Subject: Re: [Wikimediauk-l] [Foundation-l] "sue and be damned" FOI to NPG
>> To:
wikimediauk-l@xxxxxxxxxxxxxxxxxxx
>> Date: Sunday, 12 July, 2009, 11:18 AM
>> But even if FOI is deemed to apply to
>> photographs of artwork, they could release the files and
>> still maintain their claim of copyright
>>
http://www.dca.gov.uk/foi/yourRights/index.htm#receive
>>
>>
>> They could also claim commercial interest (IMO reasonably)
>> as a reason not to comply with such a FOI request, but this
>> is at least tested against the public interest.
>>
http://www.dca.gov.uk/foi/yourRights/exemptions.htm#43
>>
>>
>> Pete / the wub
>>
>>
>>
>> 2009/7/12 Dahsun <
dahsun@xxxxxxxxx>
>>
>>
>>
>> I agree that the WMUK shouldn't get directly involved,
>> but if without making any reference to the case in hand they
>> request the same information under the FOI then I would have
>> thought they were indirectly rather than directly involved.
>>
>>
>>
>>
>> As for whether the FOI has an exemption for artwork, well
>> I'd be interested in what the lawyers have to say on
>> this as there is some legalese in the legislation that I
>> can't get my head around.
>>
>>
>>
>> However the National Portrait Gallery has its own handy
http://www.npg.org.uk/about/foi.php
>> section on FOI, and I don't read that as containing any
>> substantial claim of exemption from the Act for the gallery.
>> They also have some fine objectives including "the
>> provision of access to the national collection of portraits
>> for all sections of the population" but reassuringly
>> not "the restriction of access to the national
>> collection of portraits only to those who can visit the
>> gallery in person" or "maximising of the
>> commercial use of the images" ~~~~
>>
>>
>>
>>
>> --- On Sat, 11/7/09, David Gerard <
dgerard@xxxxxxxxx>
>> wrote:
>>
>>
>>
>> > From: David Gerard <
dgerard@xxxxxxxxx>
>>
>> > Subject: Re: [Wikimediauk-l] [Foundation-l] "sue
>> and be damned" FOI to NPG
>>
>> > To:
wikimediauk-l@xxxxxxxxxxxxxxxxxxx
>>
>> > Date: Saturday, 11 July, 2009, 1:00 PM
>>
>> > 2009/7/11 Dahsun <
dahsun@xxxxxxxxx>:
>>
>> >
>>
>> > > Perhaps the air would be slightly clearer if
>> Wikimedia
>>
>> > UK were to make Freedom of Information Act requests to
>> the
>>
>> > NPG and other Publicly funded galleries for the
>> highest def
>>
>> > digital photos they have available of any artworks in
>> their
>>
>> > possession.
>>
>> >
>>
>> >
>>
>> > WMUK getting directly involved in this would be very
>> bad
>>
>> > for WMUK's
>>
>> > (legal) perceived separation from WMF. Of course,
>> WMUK
>>
>> > could
>>
>> > meaningfully comment that "claiming copyright on
>> something
>>
>> > four
>>
>> > hundred years old is more than a little odious -
>> it's not
>>
>> > like the
>>
>> > painter will paint another painting if only th NPG can
>> make
>>
>> > legal
>>
>> > threats."
>>
>> >
>>
>> > That said, your approach is most certainly
>> particularly
>>
>> > amusing :-D I
>>
>> > expect they'd claim these were commercial works
>> and the
>>
>> > core of their
>>
>> > business or somesuch.
>>
>> >
>>
>> >
>>
>> > - d.
>>
>> >
>>
>> > _______________________________________________
>>
>> > Wikimedia UK mailing list
>>
>> >
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>>
>> >
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>>
>> > WMUK:
http://uk.wikimedia.org
>>
>> >
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> _______________________________________________
>>
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>>
>>
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>>
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>>
>>
>>
>>
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>
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