Mrs Portrait
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Shmavon Paints Mrs. Books' Portrait
The National Portrait Gallery Against Wikipedia
The news broke in the last days, spread by the main foreign newspapers. The National Portrait Gallery (NPG) in London has threatened legal action after 3,300 images, taken from its site, were uploaded to the online encyclopaedia Wikipedia. According to reports by the BBC, the gallery considers responsible of the fact a certain Derrick Coetzee, a man who often offers his contribution to Wikipedia enriching with news and images the popular online encyclopaedia. Now it is disputed whether or not Mr.Coetzee’s act would be illegal under British copyright laws, by sending images from the collection of the English gallery to Wikipedia.
However,apprently photos of works of art are protected in a differnt way by copyright in the United States, where both Mr. Coetzee and Wikipedia’s premises are. So, according to which criterion should the images be considered protected, the American or the English one? Is the damaged gallery right or the divulger of the images? It is undoubtedly a difficult case to solve, which puts two different law systems up against each other.
The London gallery claimed that the breach of rights on its images undermines its one-million-pound project aimed at digitizing its marvellous collection. Until now, the NPG has added to its site 60,000 high-resolution photos of its paintings, to let the public consult them.
Among the images uploaded to Wikipedia by Coetzee and contested by the gallery which owns the paintings, there are also two important works like the Portrait of the Duchess of Devonshire Georgiana child painted by Sir Joshua Reynolds and a portrait of the famous Victorian photographer Julia Margaret Cameron. Margaret Arnott, partner of the law firm Mathys & Squire, claimed that the photo of a work of art is not protected by copyright in the United States when it is an exact copy of the work, although the same does not apply in the United Kingdom. The London museum pole then released a statement: “The Gallery is very concerned that a potential loss of income caused by the authorization to use the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available”. It is one of the Gallery’s primary purposes to make most of the collection available for the public to view. And it added: “Digitisation involves huge costs, including research, cataloguing, preservation and use of very high quality photos. Therefore, the images need to be made available on the gallery’s website as part of a structured and authoritative data bank”. Before taking legal action the NPG would have asked Wikipedia to remove the images, but apparently it did not receive a reply. Indeed, the gallery pointed out the fact that it firmly hoped to be able to avoid taking any legal action. Therefore, it expressed its regret for the fact that Mr. Coetzee, instead of simply using low-resolution images for Wikipedia’s website, preferred to find a way to get around the British Museum’s software and download high-resolution images without permission. Apparently Mr. Coetzee would have claimed through Wikipedia that it was “no longer possible to obtain high-resolution images from NPG” in the manner he did. But the divulger of images has done more than that: he also published the legal letter of the NPG, sent as a prompt by Farrar & Co. in London to Wikipedia, asserting that he uploaded it to the very popular site, to make the public informed about the matter, and concluded by saying that he would have sought legal representation.
Coetzee, to whom the BBC gave the chance to tell his side of the story, preferred not to release any statement.
About the Author
Silvia Bosi
Arcadja Art Magazine
http://www.arcadja.com/artmagazine/en/2009/07/28/the-national-portrait-gallery-against-wikipedia/
