Discussion:
Copyfraud by the British Museum
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David Goodman
2017-08-03 18:37:32 UTC
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It is my understanding that many museums automatically put a restriction on
copying of material on loan, since they have not themselves investigated
the copyright status. I have known libraries to do that for any book
received by inter-library loan, on the same basis. Such restrictions can of
course sometime produce ludicrous results, as here.
Exact replica should not be copyrighted in my opinion since they are not a
"creation of the mind". That being said, the changes made by the one doing
the replica can be copyrighted.
In this case of the museum, I think the person(s) doing the restoration did
a "creation of the mind" since they rebuild it without having an exact
model to copy.
JP
Actually, on Commons I had photographs deleted on the ground that the
depicted building is a replica of an old building which went out of
copyright, but the replica is copyrighted (despite my objection). When I
myself nominated a photograph on the same grounds, it was kept. I do not
particularly care which one is correct, but it would be great to have
consistent practice.
Cheers
Yaroslav
The restoration work is indeed an extensive work, but is it a
"creation
of
the mind", which is necessary for copyright?
JP
The Cutty Sark was almost destroyed by fire, and was rebuilt. I would
say it a visitor attraction (of very high quality) that it is a
facsimile of the craft that sailed the oceans. I have visited both
before and after the fire (and rebuilding). Some timbers would also
have
replaced before the fire and also planned replacement during the 2007
conservation closure period when the fire took place.
Sir Arthur Evans also rebuilt an artifact, Knossos, and he used
concrete, which was not around in the era 1380–1100 BCE.
Has something has been "created" by a mind? I would say yes, to both.
In
the case of the Cutty Sark, the ship was placed in a new "dry dock" so
that visitors can view the hull (for example).
Gordo
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David Goodman

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