Copyright issues

[Kipling Will]

Hello All,

I found the earlier mention of copyrights on specimen images somewhat
troubling. I believe the notion that this kind of data clearly belongs
in the public domain and at most the copyright of a particular image, if
used as art, should be held by the artist. It is a value added product.
Anyway, I have a number of questions that I thought some of the worldly
and wise readers of this list might propose answers to me for.

1. Does a museum that claims copyrights to all images of its specimens
*really* think it has a lean on all the images that have ever been
produced? How do they plan on policing "misuse" of images?

2. If I want to describe and illustrate a beautiful new species of
pterostichine ground beetle does the institution holding the specimens
then own the copyright to my images? Do I have to pay them or get a
release to publish on this new species and every time I use these images
in a talk, poster or publication? What about the data on the label, can
I publish that without a release? How about those distribution maps? If
a third party wants to use the image after publication do they need a
release from both the publication and the museum?

3. Does the copyright for an image of a Paratype follow the specimen
when it moves to another collection or does stay with the museum from
which the loan to image the specimen was made? What if a type on loan
from one collection is to be placed in another, who get the copyrights?

4. Even if you took images as good as Piotr's (which are stunning
indeed) of every single type in The Natural History Museum does anyone
think any product could be made that would make so much money that the
museum would be at a loss? I wish we had a lay public so enlightened to
make that a real issue. There are many "picture books" for carabid
groups, I don't see any of the authors getting rich.

5. What is the point? It looks like plain and simple knee-jerk, poorly
conceived, bureaucratic nonsense that has nothing to do with the conduct
of good science or providing better access to public data. It is just
another layer of red tape that doesn't do anything I can see. Perhaps
it's paranoia that if too many good images are circulated too widely no
one will use museum types?




Vented and Cynically yours,

k.will




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Kipling Will
2144 Comstock Hall
Dept. of Entomology
Cornell University
Ithaca, NY 14853
607-255-1351
http://henry.ento.cornell.edu/CUIC/will.htm
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The grand fact of the natural subordination of organic beings in groups
under groups, which, from its familiarity, does not always sufficiently
strike us, is in my judgement thus explained.  -Darwin