A complex area and this is not definitive, but a collection of recent rulings
In November 2015, the United Kingdom's Intellectual Property Office clarified in an informational document that, based on the opinion of the European Court of Justice, "copyright can only subsist in subject matter that is original in the sense that it is the author's own 'intellectual creation'. Given this criterion, it seems unlikely that what is merely a retouched, digitised image of an older work can be considered as 'original'."[19]
- "Copyright Notice: digital images, photographs and the internet". UK IPO. Archived from the original on 7 January 2021. Retrieved 12 December 2015.
[https://en.wikipedia.org/wiki/National_Portrait_Gallery_and_Wikimedia_F…]
See also
Commons:When to use the PD-Art tag
{{PD-Art}} may be used by the uploader of a photograph taken by somebody else to assert that the photograph can have no independent copyright as it is simply a faithful reproduction of an old, public domain, two-dimensional work of art. The tag can be used on any such photograph regardless of the source country, following a poll in July 2008.
So, what does the PD-Art tag mean?
Use of the {{PD-Art}} tag implies:
- That the Commons file is a copy of a photograph taken by someone other than the uploader; and
- That the photograph was a mere record copy (a faithful reproduction) of a two-dimensional work of art which is itself in the public domain.
Why do we allow the PD-Art tag to be used for photographs from any country?
The position of the WMF
Regardless of any local laws to the contrary, the Wikimedia Foundation has stated its opinion as follows :
- "To put it plainly, WMF's position has always been that faithful reproductions of two-dimensional public domain works of art are public domain, and that claims to the contrary represent an assault on the very concept of a public domain. If museums and galleries not only claim copyright on reproductions, but also control the access to the ability to reproduce pictures (by prohibiting photos, etc.), important historical works that are legally in the public domain can be made inaccessible to the public except through gatekeepers."
- "WMF has made it clear that in the absence of even a strong legal complaint, we don't think it's a good idea to dignify such claims of copyright on public domain works. And, if we ever were seriously legally challenged, we would have a good internal debate about whether we'd fight such a case, and build publicity around it. This is neither a policy change (at least from WMF's point of view), nor is it a change that has implications for other Commons policies."—Erik Möller 01:34, 25 July 2008 (UTC)diff
Commons policy follows the WMF position
Following this statement, a poll was held to determine policy, and the overwhelming view was that Commons should accept the {{PD-Art}} tag as being valid for photographs from any country. In August 2008, policy was changed accordingly.
AHP Notes
Copyright notice: digital images, photographs and the internet
Updated 4 January 2021
Example disclaimers
To the best of our knowledge, all materials on this web site are the copyright of Museum of Policing in Devon & Cornwall, in the public domain, or reproduced with permission from other copyright owners. All rights are reserved. The materials on this web site may be retrieved and downloaded solely for personal use by the site user. They may not otherwise be copied, modified, published, broadcast, or otherwise distributed physically or electronically without the prior written permission of Museum of Policing in Devon & Cornwall.
We have made the best effort to adhere to all known copyright, but due to the age of some of the records and photographs it has not always been possible to establish rights owners. Requests for removal of digital records from this website should be sent to our archivist with details of the item and an explanation of why it should be removed, including any claim to rights.