14 December

Ontario Votes 2007: Interview with Green Party candidate Torbjorn Zetterlund, Willowdale

Saturday, October 6, 2007

Torbjorn Zetterlund is running for the Green Party of Ontario in the Ontario provincial election, in the Willowdale riding. Wikinews’ Nick Moreau interviewed him regarding his values, his experience, and his campaign.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.

11 December

Hire A Professional Tree Removal Company In Boston

byAlma Abell

If you have a tree that doesn’t look as healthy as it did at one time, it may be time to think about having it removed from your property. After all, if you ignore that tree, there is a good chance that the bad weather is going to knock it down. If this were to happen, you would have some serious problems to deal with. It makes more sense to hire someone to take care of that tree before it’s too late.

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Your professional tree removal in Boston will come to your home and look at the tree and let you know how much it will cost to have it removed. If you do decide that you would like them to get started, they will carefully remove that tree from your property. They are licensed and insured so you know that if it were to fall, you would be protected.

Cambridge Landscape has a reputation for doing beautiful landscaping for a very reasonable amount of money. If you are interested in using their services, visit their website. This way, you can find out for yourself what they can do for you. Not only will they take care of a tree removal in Boston, they will also professionally landscape your yard so that it looks better than you ever imagined.

If you are tired of being embarrassed by the way that your yard looks, it’s time to do something about it. Unfortunately, it can be a little embarrassing to have an ugly yard. However, if you don’t have the time or the skill to do it yourself, you can always hire someone to help you. Your landscaping contractor is going to do a beautiful job at transforming your yard.

If you need them to come back, they will be happy to come back and cut your grass and fertilize on a regular basis. When necessary, they will trim your trees. You are going to be surprised at what a difference it is going to make when you hire a professional to take care of your yard. The best part is that you don’t have to spend your extra time cutting the grass.

11 December

Broken stormwater drain led to Guatemala sinkhole

Tuesday, March 6, 2007

A rupture in the underground stormwater drain system opened a huge sinkhole on February 23, killing three people and bringing down twelve houses in Guatemala City.

Teenagers Irma and David Soyos and their father, 53-year old Domingo Soyos were killed when their house collapsed into the sinkhole. Nearly a thousand people were evacuated from the San Antonio neighborhood after the collapse.

Wikinews interviewed Eric Haddox, a civil engineer who has visited the site of the sinkhole and spoken to the engineers working on fixing the drain. Mr. Haddox, who specialises in the building of earthworks, roads, water supply and sewage systems, and is working as a missionary in Guatemala, visited the site following the collapse to help in the recovery effort.

Mr. Haddox told us that the size of the hole is much smaller than the 330 feet depth originally reported and that the erosion causing the collapse is believed to have happened over a long time, and not just during the recent rains as initially suspected.

There are also concerns that a four-story building less than a metre from the edge of the hole may collapse as the earth under the building continues to be eroded.

Before the collapse, a junction box linked two collector pipes to a 3.5m main pipe leading to a nearby canyon in a system believed to be 20 to 50 years old. The surrounding earth had been filled in artificially to level the ground, but the fill was not well compacted before being built upon. Such leveling of the ground is widespread in Guatemala city.

It is thought that, at some point in the last 20 years, either one of the collector pipes ruptured or was detached from the junction box, possibly because of seismic activity. Water gushing out of the break following rainstorms gradually eroded the loosely compacted soil, creating an expanding cavern around the junction box. On February 23, the roof of this cavern collapsed, creating the sinkhole, 20m wide at the top and tapering out towards the bottom, which is about 60m (204 feet) deep, not 330 feet as originally reported.

“Things like this don’t happen often and there are many interesting engineering lessons to be learned with them”, Mr. Haddox said.

The sinkhole has continued to expand even after the collapse, since the collector pipes continue to carry water, which cascades 15m down the sinkhole to the main pipe, further eroding the sides of the sinkhole. The hole was about 25m wide at the top and 40m wide at the bottom a week ago.

A bypass pipe is being laid to divert the water away from the junction to arrest further erosion. The sinkhole will then have to be drained before repair work can begin.

Authorities are also concerned that similar breakages and undermining may be happening at other locations, Mr. Haddox said. Muddy water has been seen coming out of the main collector pipes, but it is not certain whether this is due to ruptures elsewhere or simply mud from the surface that has been washed into the drainage system.

10 December

Melbourne – Adelaide train services disrupted into next week following fatal crash

Friday, May 26, 2006

Rail services between Melbourne and Adelaide in Australia are expected to be disrupted until early next week following a fatal crash between a truck and freight train in Lismore, Victoria 170 Km (105 miles) South-West of Melbourne.

The B-Double truck hit the side of a 1,375 metre long freight train at a level crossing at 7:13 a.m. AEST on Thursday in heavy fog, derailing two locomotives and 44 goods wagons. Victorian police said that the truck had been wedged beneath the wreckage of the train.

The driver of the truck, thought to be a 34-year-old man from Wedderburn in Victoria’s North-West died in the crash. The train driver and an observer escaped uninjured. Police said it could take a number of days to retrieve the truck driver’s body. “It could possibly take days to retrieve the body” a Victorian police spokesperson said.

Great Southern Railways, which operates “The Overland” passenger train service between Melbourne and Adelaide said it expected rail services to be disrupted up until early next week. The company will transfer passengers to bus services or allow them to claim a full refund.

The crash will also disrupt freight services between Melbourne and Adelaide.

Local residents and the Victorian opposition are blaming the crash on the level crossing itself, which has no booms, lights or bells.

Rob Dennis, a local resident said the level crossing is the cause of the crash, as it is not fitted with boom gates or flashing lights.

“And it’s a blind turn for anything in a large vehicle,” he said.

Terry Mulder, the opposition’s transport spokesperson said the Bracks Government should have spent part of the $750 million allocated to fast rail projects to upgrading level crossings in Victoria.

“The State Labor Government has wasted $750 million on fast rail projects,” Mr Mulder said.

Mr Mulder said that Victoria has 2,274 level crossings, 1,468 which have no warning systems in place.

9 December

Afghanistan suicide bomb leaves seven Americans dead

Thursday, December 31, 2009

A suicide bomber attacked an American base in the Khowst region on the Pakistani border of Afghanistan, leaving seven American CIA officers dead and six injured. No American or NATO military personnel were killed or injured in the attack on Forward Operating Base Chapman.

It appears that the suicide bomber, reportedly wearing an Afghan National Army uniform, blew himself up in either the gym or the dining facility of Base Chapman.

In a statement on the Voice of Jihad web page, the Taliban claimed responsiblity for the attack, alleging 20 “CIA employees” were killed in the incident.

The Chapman Base is a converted military base which is now being used for civilian reconstruction operations, although military personnel are still located on the base. Camp Salerno, the main base in the Khowst province, has been the target of many attacks in recent weeks.

Recent attacks have been focused on foreign civilians, such as an incident in October in which 7 foreign and 3 Afghan civilians were killed in an attack at a UN guest house. The CIA has not lost this many operatives in nearly 25 years and the last time CIA agents were killed was in 2003.

9 December

Surprise demolition of partially collapsed building in Buffalo, New York met with opposition

Saturday, June 14, 2008

Buffalo, New York —Wikinews has learned that, in a surprising turn of events, the city of Buffalo located in New York, has ordered and begun an emergency demolition on a three story 19th century stable which partially collapsed on Wednesday June 11 causing at least five homes to be evacuated. Residents are not happy, and despite the short notice of the demolition, nearly 30 people showed up to protest it. Demolition was not supposed to begin until Monday June 16.

At about 2:30 p.m. (eastern time) on June 13, demolition crew arrived at the stable located at 428 Jersey Avenue and began to unload heavy equipment which will be used to demolish the building. This came as a surprise to residents, as demolition was not supposed to start until Monday June 16.

During the early afternoon hours on June 11, the Buffalo Fire Department was called to scene after residents called 9-1-1 stating that part of the building had collapsed. Material from the building fell into the yards of at least three neighboring houses. Some of the bricks landed inside the building, while some fell into the yards of some houses behind homes on Richmond Avenue, leaving a ‘V’ shape.

At about 3:30 p.m. crews began to demolish a small portion of the stable located behind Joe Murray’s home, a resident who lives behind a portion of the building on Jersey and Richmond avenues. While demolition was taking place, the section collapsed into Murray’s backyard, prompting a call to police. Some residents who own home surrounding the building were inside Murray’s house holding a neighborhood meeting when demolition began. No one was injured when the section collapsed.

“[The building] can come down any minute,” stated Donna Berry of the Buffalo Police Department who also added that when police arrived on scene, they immediately put a stop to demolition, fearing the safety of surrounding residents and pedestrians.

“So many [of the] people [living around the building] are at risk, it makes me want to cry,” added Berry.

Police, local politicians and area residents are concerned that demolition crews and the city are not taking the proper precautions to ensure the safety of residents during demolition.

“[There is] no protection for neighbors. [This is] appalling and beyond negligence,” stated Tim Tielman, Executive Director of the Campaign for Buffalo who was referring to the negligence of the demolition crew.

“[In order to stop demolition] citizens must demonstrate direct harm to themselves,” added Tielman.

The city’s preservation board held an emergency meeting on Thursday to discuss the issue. Wikinews has learned that the owner of the building, Bob Freudenheim, gave the city permission to demolish the building because he would not be “rehabilitating the building anytime soon.” Freudenheim was part-owner of the Hotel Lenox at 140 North Street in Buffalo and was also an advocate to stop the Elmwood Village Hotel from being built on the corners of Forest and Elmwood Avenues in 2006 and 2007, which Wikinews extensively covered. He also financially supported a lawsuit in an attempt to stop the hotel from being built. Though it is not known exactly how long Freudenheim has owned the stable, Wikinews has learned that he was the owner while fighting to stop the hotel from being built.

Tielman states that he was in contact with Freudenheim this morning. Tielman states that Freudenheim “is not spending a dime” to have the building renovated. Tielman states that Freudenheim has offered to sell the building to any interested party for only one US dollar, but that he “flip flops [his decision] constantly,” sometimes wanting hundreds of thousands of dollars for the building. Wikinews has attempted to contact Freudenheim, but so far has been unsuccessful.

City building inspectors were also on scene evaluating the building and ensuring the safety of residents. Donald Grezebielucina states that “some people are on notice to vacate their properties”, but also stated that no other precautions were being taken other than placing “tires and scaffolding” onto the side of 430 Jersey, which sits less than eight feet from the buildings East side.

“The gas has been shut off in case we lost the building, so there would be no explosions or anything like that. It’s so unstable, the structural integrity is gone. The chemical composite of the trusses has changed dramatically and dry rotted. There are three vehicles in the basement which totally disappeared,” stated Grezebielucina to the press while protesters yelled “save our building, save our neighborhood.”

Wikinews has also learned that local residents have consulted a lawyer regarding the issue, and hope to petition the New York State Supreme court to issue an injunction to stop demolition. They states that Freudenheim should be “100% responsible” for his actions, and many are afraid that once the building is demolished, Freudenheim’s charges of neglect will be abolished. Freudenheim is facing housing violations for neglecting the building. Though residents are fighting, Tielman states that “an injunction is unlikely.”

“We had a letter of violation against him. He was supposed to have started work to stabilize the brick this Monday. We all hope this building could be saved. But we’ve got five houses evacuated and we cannot tolerate any further delay. We’ve got to get people back into their homes in a safe condition,” said Richard Tobe, Commissioner of the city’s Permit and Inspection Services.

Demolition is set to resume at 8:00 a.m.in the morning of Saturday June 14.

Mike Lombardo, the Commissioner for the Buffalo Fire Department, believes that the building was built in 1812 or 1814, making it nearly 200 years old. It is one of only three stables still standing in the city.

9 December

Fitzpatrick family offers reward in search for missing Mijas teenager

Monday, February 18, 2008

The family of Amy Fitzpatrick, an Irish expat who disappeared from Mijas, Spain on New Year’s Night, has announced a reward for reliable information which could lead to finding the missing teenager. The news came in a statement from Dave Mahon, the partner of Amy’s mother, Audrey, who said all information would be treated in the strictest confidence, and calling on anyone who may have a possible lead to contact either the family or the Civil Guard. In the statement Mahon said that “a substantial reward is on offer to anyone who can provide reliable information on Amy’s whereabouts. Any information received will be treated within the strictest confidence.”

There has been no news on whether detectives have managed to locate a vehicle which they believe Amy may have taken, a British-registered white Ford Fiesta, with the registration number C955 SLK. Anyone who may see the vehicle is asked not to touch it to avoid destroying any evidence, and to call 062 urgently.

Amy disappeared when she was walking home to the Riviera del Sol Urbanisation from the Calypso area at around 10 p.m. on New Year’s Night, and was wearing black track suit bottoms and a T-shirt with the word ‘Diesel’ when she was last seen. She has black hair, and is 1.65 m tall. The contact telephone numbers for any information on her whereabouts are 112, 952 487 036, 062, 686 044 181 and 952 474 030.


This article is based on Fitzpatrick family offers reward in search for missing Mijas teenager by TypicallySpanish.com which has a copyright policy compatible with our CC-BY 2.5. Specifically “CC-BY-3.0

8 December

Scientists take strong stance for cutting emissions at Climate Conference in Bali

Thursday, December 6, 2007

A group of over 200 scientists have signed a document demanding that political action be taken following the scientific evidence that had been put forth in the last International report on climate change. The document, that had been drafted by the Climate Change Research Centre at the University of New South Wales in Australia, was presented today at the United Nations Convention on Climate change, the scientists wanting to give a strong signal to the currently ongoing negotiations.

Unlike the International Panel on Climate Change (IPCC), which tries to assess the current situation and what the future trends are, the 2007 Bali Climate Declaration by Scientists makes explicit recommendations to policy makers. These are twofold, one regarding the current Conference, and one future goals. On the talks here at Bali, the Declaration says it is necessary that “a new global climate treaty […] needs to begin in December 2007 and be completed by 2009”. It went on to say that “The primary goal of this new regime must be to limit global warming to no more than 2 °C”, and that emissions would need to be cut to 40% or less than 2004 levels in order to be able to reach that goal.

Asked by which means these reductions could be achieved, Professor Richard Somerville from the United States answered that only a combination of technological advances and lifestyle changes would be sufficient to attain the proposed emission levels.

The declaration, which is only about a page long, and its signatory list can be found at the Climate Change Research Centre’s website (see below).

7 December

Cisco sues Apple for iPhone trademark

Friday, January 12, 2007

The iPhone only made its appearance as a prototype and there have been controversies aroused.

The dispute has come up between the manufacturer of the iPhone (which was resented on Wednesday for the first time) – Apple Inc. – and a leader in network and communication systems, based in San JoseCisco. The company claims to possess the trademark for iPhone, and moreover, that it sells devices under the same brand through one of its divisions.

This became the reason for Cisco to file a lawsuit against Apple Inc. so that the latter would stop selling the device.

Cisco states that it has received the trademark in 2000, when the company overtook Infogear Technology Corp., which took place in 1996.

The Vice President and general counsel of the company, Mark Chandler, explained that there was no doubt about the excitement of the new device from Apple, but they should not use a trademark, which belongs to Cisco.

The iPhone developed by Cisco is a device which allows users to make phone calls over the voice over Internet protocol (VoIP).

7 December

U.K. National Portrait Gallery threatens U.S. citizen with legal action over Wikimedia images

Tuesday, July 14, 2009

This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.

The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.

In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).

Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.

The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.

The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.

In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.

Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.

In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.

Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:

“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”
“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.
The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”

Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.

Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.

The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.

In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.

Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.

Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.

One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.

Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:

“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”

Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.

In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:

“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.

Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”

“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”

The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”

The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.

The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.

The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)

The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)

Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.

Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)

The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.

Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:

“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”

He also stated:

“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”

Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”

The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.

Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”

Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.

David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”

Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..

The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.

Contacted over the weekend, the NPG issued a statement to Wikinews:

“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.
“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.
“The Gallery is very concerned that potential loss of licensing income from 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 as much of the Collection available as possible for the public to view.
“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.

In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.

Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:

“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.
“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”

The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.

In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.

Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.

Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.

The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.

As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.

Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”

The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.


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