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Friday, July 29, 2011

Today sees the reopening of the National Museum of Scotland following a three-year renovation costing £47.4 million (US$ 77.3 million). Edinburgh’s Chambers Street was closed to traffic for the morning, with the 10am reopening by eleven-year-old Bryony Hare, who took her first steps in the museum, and won a competition organised by the local Evening News paper to be a VIP guest at the event. Prior to the opening, Wikinews toured the renovated museum, viewing the new galleries, and some of the 8,000 objects inside.

Dressed in Victorian attire, Scottish broadcaster Grant Stott acted as master of ceremonies over festivities starting shortly after 9am. The packed street cheered an animatronic Tyrannosaurus Rex created by Millenium FX; onlookers were entertained with a twenty-minute performance by the Mugenkyo Taiko Drummers on the steps of the museum; then, following Bryony Hare knocking three times on the original doors to ask that the museum be opened, the ceremony was heralded with a specially composed fanfare – played on a replica of the museum’s 2,000-year-old carnyx Celtic war-horn. During the fanfare, two abseilers unfurled white pennons down either side of the original entrance.

The completion of the opening to the public was marked with Chinese firecrackers, and fireworks, being set off on the museum roof. As the public crowded into the museum, the Mugenkyo Taiko Drummers resumed their performance; a street theatre group mingled with the large crowd, and the animatronic Tyrannosaurus Rex entertained the thinning crowd of onlookers in the centre of the street.

On Wednesday, the museum welcomed the world’s press for an in depth preview of the new visitor experience. Wikinews was represented by Brian McNeil, who is also Wikimedia UK’s interim liaison with Museum Galleries Scotland.

The new pavement-level Entrance Hall saw journalists mingle with curators. The director, Gordon Rintoul, introduced presentations by Gareth Hoskins and Ralph Applebaum, respective heads of the Architects and Building Design Team; and, the designers responsible for the rejuvenation of the museum.

Describing himself as a “local lad”, Hoskins reminisced about his grandfather regularly bringing him to the museum, and pushing all the buttons on the numerous interactive exhibits throughout the museum. Describing the nearly 150-year-old museum as having become “a little tired”, and a place “only visited on a rainy day”, he commented that many international visitors to Edinburgh did not realise that the building was a public space; explaining the focus was to improve access to the museum – hence the opening of street-level access – and, to “transform the complex”, focus on “opening up the building”, and “creating a number of new spaces […] that would improve facilities and really make this an experience for 21st century museum visitors”.

Hoskins explained that a “rabbit warren” of storage spaces were cleared out to provide street-level access to the museum; the floor in this “crypt-like” space being lowered by 1.5 metres to achieve this goal. Then Hoskins handed over to Applebaum, who expressed his delight to be present at the reopening.

Applebaum commented that one of his first encounters with the museum was seeing “struggling young mothers with two kids in strollers making their way up the steps”, expressing his pleasure at this being made a thing of the past. Applebaum explained that the Victorian age saw the opening of museums for public access, with the National Museum’s earlier incarnation being the “College Museum” – a “first window into this museum’s collection”.

The museum itself is physically connected to the University of Edinburgh’s old college via a bridge which allowed students to move between the two buildings.

Applebaum explained that the museum will, now redeveloped, be used as a social space, with gatherings held in the Grand Gallery, “turning the museum into a social convening space mixed with knowledge”. Continuing, he praised the collections, saying they are “cultural assets [… Scotland is] turning those into real cultural capital”, and the museum is, and museums in general are, providing a sense of “social pride”.

McNeil joined the yellow group on a guided tour round the museum with one of the staff. Climbing the stairs at the rear of the Entrance Hall, the foot of the Window on the World exhibit, the group gained a first chance to see the restored Grand Gallery. This space is flooded with light from the glass ceiling three floors above, supported by 40 cast-iron columns. As may disappoint some visitors, the fish ponds have been removed; these were not an original feature, but originally installed in the 1960s – supposedly to humidify the museum; and failing in this regard. But, several curators joked that they attracted attention as “the only thing that moved” in the museum.

The museum’s original architect was Captain Francis Fowke, also responsible for the design of London’s Royal Albert Hall; his design for the then-Industrial Museum apparently inspired by Joseph Paxton’s Crystal Palace.

The group moved from the Grand Gallery into the Discoveries Gallery to the south side of the museum. The old red staircase is gone, and the Millennium Clock stands to the right of a newly-installed escalator, giving easier access to the upper galleries than the original staircases at each end of the Grand Gallery. Two glass elevators have also been installed, flanking the opening into the Discoveries Gallery and, providing disabled access from top-to-bottom of the museum.

The National Museum of Scotland’s origins can be traced back to 1780 when the 11th Earl of Buchan, David Stuart Erskine, formed the Society of Antiquaries of Scotland; the Society being tasked with the collection and preservation of archaeological artefacts for Scotland. In 1858, control of this was passed to the government of the day and the National Museum of Antiquities of Scotland came into being. Items in the collection at that time were housed at various locations around the city.

On Wednesday, October 28, 1861, during a royal visit to Edinburgh by Queen Victoria, Prince-Consort Albert laid the foundation-stone for what was then intended to be the Industrial Museum. Nearly five years later, it was the second son of Victoria and Albert, Prince Alfred, the then-Duke of Edinburgh, who opened the building which was then known as the Scottish Museum of Science and Art. A full-page feature, published in the following Monday’s issue of The Scotsman covered the history leading up to the opening of the museum, those who had championed its establishment, the building of the collection which it was to house, and Edinburgh University’s donation of their Natural History collection to augment the exhibits put on public display.

Closed for a little over three years, today’s reopening of the museum is seen as the “centrepiece” of National Museums Scotland’s fifteen-year plan to dramatically improve accessibility and better present their collections. Sir Andrew Grossard, chair of the Board of Trustees, said: “The reopening of the National Museum of Scotland, on time and within budget is a tremendous achievement […] Our collections tell great stories about the world, how Scots saw that world, and the disproportionate impact they had upon it. The intellectual and collecting impact of the Scottish diaspora has been profound. It is an inspiring story which has captured the imagination of our many supporters who have helped us achieve our aspirations and to whom we are profoundly grateful.“

The extensive work, carried out with a view to expand publicly accessible space and display more of the museums collections, carried a £47.4 million pricetag. This was jointly funded with £16 million from the Scottish Government, and £17.8 million from the Heritage Lottery Fund. Further funds towards the work came from private sources and totalled £13.6 million. Subsequent development, as part of the longer-term £70 million “Masterplan”, is expected to be completed by 2020 and see an additional eleven galleries opened.

The funding by the Scottish Government can be seen as a ‘canny‘ investment; a report commissioned by National Museums Scotland, and produced by consultancy firm Biggar Economics, suggest the work carried out could be worth £58.1 million per year, compared with an estimated value to the economy of £48.8 prior to the 2008 closure. Visitor figures are expected to rise by over 20%; use of function facilities are predicted to increase, alongside other increases in local hospitality-sector spending.

Proudly commenting on the Scottish Government’s involvement Fiona Hyslop, Cabinet Secretary for Culture and External Affairs, described the reopening as, “one of the nation’s cultural highlights of 2011” and says the rejuvenated museum is, “[a] must-see attraction for local and international visitors alike“. Continuing to extol the museum’s virtues, Hyslop states that it “promotes the best of Scotland and our contributions to the world.“

So-far, the work carried out is estimated to have increased the public space within the museum complex by 50%. Street-level storage rooms, never before seen by the public, have been transformed into new exhibit space, and pavement-level access to the buildings provided which include a new set of visitor facilities. Architectural firm Gareth Hoskins have retained the original Grand Gallery – now the first floor of the museum – described as a “birdcage” structure and originally inspired by The Crystal Palace built in Hyde Park, London for the 1851 Great Exhibition.

The centrepiece in the Grand Gallery is the “Window on the World” exhibit, which stands around 20 metres tall and is currently one of the largest installations in any UK museum. This showcases numerous items from the museum’s collections, rising through four storeys in the centre of the museum. Alexander Hayward, the museums Keeper of Science and Technology, challenged attending journalists to imagine installing “teapots at thirty feet”.

The redeveloped museum includes the opening of sixteen brand new galleries. Housed within, are over 8,000 objects, only 20% of which have been previously seen.

The Window on the World rises through the four floors of the museum and contains over 800 objects. This includes a gyrocopter from the 1930s, the world’s largest scrimshaw – made from the jaws of a sperm whale which the University of Edinburgh requested for their collection, a number of Buddha figures, spearheads, antique tools, an old gramophone and record, a selection of old local signage, and a girder from the doomed Tay Bridge.

The arrangement of galleries around the Grand Gallery’s “birdcage” structure is organised into themes across multiple floors. The World Cultures Galleries allow visitors to explore the culture of the entire planet; Living Lands explains the ways in which our natural environment influences the way we live our lives, and the beliefs that grow out of the places we live – from the Arctic cold of North America to Australia’s deserts.

The adjacent Patterns of Life gallery shows objects ranging from the everyday, to the unusual from all over the world. The functions different objects serve at different periods in peoples’ lives are explored, and complement the contents of the Living Lands gallery.

Performance & Lives houses musical instruments from around the world, alongside masks and costumes; both rooted in long-established traditions and rituals, this displayed alongside contemporary items showing the interpretation of tradition by contemporary artists and instrument-creators.

The museum proudly bills the Facing the Sea gallery as the only one in the UK which is specifically based on the cultures of the South Pacific. It explores the rich diversity of the communities in the region, how the sea shapes the islanders’ lives – describing how their lives are shaped as much by the sea as the land.

Both the Facing the Sea and Performance & Lives galleries are on the second floor, next to the new exhibition shop and foyer which leads to one of the new exhibition galleries, expected to house the visiting Amazing Mummies exhibit in February, coming from Leiden in the Netherlands.

The Inspired by Nature, Artistic Legacies, and Traditions in Sculpture galleries take up most of the east side of the upper floor of the museum. The latter of these shows the sculptors from diverse cultures have, through history, explored the possibilities in expressing oneself using metal, wood, or stone. The Inspired by Nature gallery shows how many artists, including contemporary ones, draw their influence from the world around us – often commenting on our own human impact on that natural world.

Contrastingly, the Artistic Legacies gallery compares more traditional art and the work of modern artists. The displayed exhibits attempt to show how people, in creating specific art objects, attempt to illustrate the human spirit, the cultures they are familiar with, and the imaginative input of the objects’ creators.

The easternmost side of the museum, adjacent to Edinburgh University’s Old College, will bring back memories for many regular visitors to the museum; but, with an extensive array of new items. The museum’s dedicated taxidermy staff have produced a wide variety of fresh examples from the natural world.

At ground level, the Animal World and Wildlife Panorama’s most imposing exhibit is probably the lifesize reproduction of a Tyrannosaurus Rex skeleton. This rubs shoulders with other examples from around the world, including one of a pair of elephants. The on-display elephant could not be removed whilst renovation work was underway, and lurked in a corner of the gallery as work went on around it.

Above, in the Animal Senses gallery, are examples of how we experience the world through our senses, and contrasting examples of wildly differing senses, or extremes of such, present in the natural world. This gallery also has giant screens, suspended in the free space, which show footage ranging from the most tranquil and peaceful life in the sea to the tooth-and-claw bloody savagery of nature.

The Survival gallery gives visitors a look into the ever-ongoing nature of evolution; the causes of some species dying out while others thrive, and the ability of any species to adapt as a method of avoiding extinction.

Earth in Space puts our place in the universe in perspective. Housing Europe’s oldest surviving Astrolabe, dating from the eleventh century, this gallery gives an opportunity to see the technology invented to allow us to look into the big questions about what lies beyond Earth, and probe the origins of the universe and life.

In contrast, the Restless Earth gallery shows examples of the rocks and minerals formed through geological processes here on earth. The continual processes of the planet are explored alongside their impact on human life. An impressive collection of geological specimens are complemented with educational multimedia presentations.

Beyond working on new galleries, and the main redevelopment, the transformation team have revamped galleries that will be familiar to regular past visitors to the museum.

Formerly known as the Ivy Wu Gallery of East Asian Art, the Looking East gallery showcases National Museums Scotland’s extensive collection of Korean, Chinese, and Japanese material. The gallery’s creation was originally sponsored by Sir Gordon Wu, and named after his wife Ivy. It contains items from the last dynasty, the Manchu, and examples of traditional ceramic work. Japan is represented through artefacts from ordinary people’s lives, expositions on the role of the Samurai, and early trade with the West. Korean objects also show the country’s ceramic work, clothing, and traditional accessories used, and worn, by the indigenous people.

The Ancient Egypt gallery has always been a favourite of visitors to the museum. A great many of the exhibits in this space were returned to Scotland from late 19th century excavations; and, are arranged to take visitors through the rituals, and objects associated with, life, death, and the afterlife, as viewed from an Egyptian perspective.

The Art and Industry and European Styles galleries, respectively, show how designs are arrived at and turned into manufactured objects, and the evolution of European style – financed and sponsored by a wide range of artists and patrons. A large number of the objects on display, often purchased or commissioned, by Scots, are now on display for the first time ever.

Shaping our World encourages visitors to take a fresh look at technological objects developed over the last 200 years, many of which are so integrated into our lives that they are taken for granted. Radio, transportation, and modern medicines are covered, with a retrospective on the people who developed many of the items we rely on daily.

What was known as the Museum of Scotland, a modern addition to the classical Victorian-era museum, is now known as the Scottish Galleries following the renovation of the main building.

This dedicated newer wing to the now-integrated National Museum of Scotland covers the history of Scotland from a time before there were people living in the country. The geological timescale is covered in the Beginnings gallery, showing continents arranging themselves into what people today see as familiar outlines on modern-day maps.

Just next door, the history of the earliest occupants of Scotland are on display; hunters and gatherers from around 4,000 B.C give way to farmers in the Early People exhibits.

The Kingdom of the Scots follows Scotland becoming a recognisable nation, and a kingdom ruled over by the Stewart dynasty. Moving closer to modern-times, the Scotland Transformed gallery looks at the country’s history post-union in 1707.

Industry and Empire showcases Scotland’s significant place in the world as a source of heavy engineering work in the form of rail engineering and shipbuilding – key components in the building of the British Empire. Naturally, whisky was another globally-recognised export introduced to the world during empire-building.

Lastly, Scotland: A Changing Nation collects less-tangible items, including personal accounts, from the country’s journey through the 20th century; the social history of Scots, and progress towards being a multicultural nation, is explored through heavy use of multimedia exhibits.

Wednesday, January 3, 2007

An infectious superbug spreading in the United States is to “emerge in force” in Canada, doctors fear. The bacteria have been reported popping up in day care centers and locker rooms across the U.S. Usually elderly or very ill hospital patients get the disease.

More than 2 million U.S. residents are infected every year, the Centers for Disease Control estimates.

An article in the Canadian Medical Association Journal (CMAJ) on Tuesday said that Methicillin-resistant Staphylococcus aureus (MRSA) are “spreading with alarming rapidity.” The bacteria can cause boils, pimples, or in extreme cases, flesh-eating disease, and more.

“The resistant bacteria is an old foe with new fangs: a pathogen combining virulence, resistance and an ability to disseminate at large,” wrote Dr. John Conly, medical professor and an infectious disease specialist at the University of Calgary.

British Columbia, Alberta, Saskatchewan, Manitoba, and Ontario are the provinces which already have had MRSA in hospitals.

A 30-year-old Calgary, Alberta man died last year of lung abscesses associated with the infection, as well as a three-month old toddler in Toronto, Ontario.

Toronto Blue Jays outfielder Alex Rios, last summer, suffered from an infection caused by Staphylococcus aureus in his leg. Pitcher Ty Taubenheim had a similar infection on his foot.

Doctors are currently investigating some Calgary residents, who could be one of the first Canadian reports of MRSA outside of a hospital setting.

Tuesday, April 20, 2021

Wikinews extended invitations by e-mail on March 23 to multiple candidates running in the Texas’ 6th congressional district special election of May 1 to fill a vacancy left upon the death of Republican congressman Ron Wright. Of them, the office of Democrat Daryl Eddings, Sr. agreed to answer some questions by phone March 30 about their campaigns and policies. The following is the interview with Ms Chatham on behalf of Mr Eddings, Sr.

Eddings is a federal law enforcement officer and senior non-commissioned officer in the US military. His experience as operations officer of an aviation unit in the California National Guard includes working in Los Angeles to control riots sparked by the O. J. Simpson murder case and the police handling of Rodney King, working with drug interdiction teams in Panama and Central America and fighting in the Middle East. He is the founder of Operation Battle Buddy, which has under his leadership kept in touch with over 20 thousand veterans and their families. He was born in California, but moved to Midlothian, Texas. He endeavours to bring “good government, not no government”. Campaign manager Faith Chatham spoke to Wikinews on matters ranging from healthcare to housing.

An Inside Elections poll published on March 18 shows Republican candidate Susan Wright, the widow of Ron Wright, is ahead by 21% followed by Democrat Jana Sanchez with 17% and Republican Jake Ellzey with 8% with a 4.6% margin of error among 450 likely voters. The district is considered “lean Republican” by Inside Elections and voted 51% in favour of Donald Trump in last year’s US presidential election. This is down from 54% for Trump in 2016’s presidential election, the same poll stated.

Sunday, December 13, 2015

Macomb, New York Councilman Steve Burke took some time to speak with Wikinews about his campaign for the U.S. Democratic Party’s 2016 presidential nomination.

Burke, an insurance adjuster and farmer, was elected councilman in Brookhaven, New York in 1979. He left the town after being accused and found not guilty of bribery in the 1980s. Since 1987 he has served as Macomb councilman off-and-on and currently holds the post. From 1993 to 1996 and 1999 to 2002 he worked as chairman of the Democratic Party of St. Lawrence County, New York. Among his many political campaigns, Burke unsuccessfully sought the Democratic Party’s presidential nomination in 1992 and recently attempted to run for U.S. Congress in 2014 but too many of his ballot petition signatures were found invalid. Burke filed with the Federal Election Commission to run for president in the 2016 election on September 18, 2015 and has qualified for the first-in-the-nation New Hampshire Primary.

With Wikinews reporter William S. Saturn?, Burke discusses his political background, his 2016 presidential campaign, and his policy proposals.

A compilation of brief news reports for Monday, February 5, 2007.

Thursday, August 28, 2008

After dropping 1.9% in July, house prices in the United Kingdom are now falling at the fastest rate since 1990, according to Nationwide Building Society.

The average price of a home has dropped by £20,000 down to £164,654, losing 10.5% of its value in 2008. Property values fell by 1.9% in the past month, and 1.5% in July. In another study, it was revealed that house prices have been steadily falling since October last year.

Nationwide’s chief economist, Fionnuala Earley said that activities in the housing market had recently been “very subdued”, although there are signs of increased interests in home sales, possibly due to the appeal of lower house prices.

The Bank of England stated there has been an increase in the number of people taking out a fixed rate mortgage as opposed to a variable rate loan. Further research by Nationwide has concluded that mortgage approvals also fell by 65% last month.

Tuesday, July 14, 2009

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.

Friday, February 17, 2006

Buffalo, New York —Savarino Construction Services Corp. has proposed a $7 million hotel project at the Forest and Elmwood Avenue intersection, according to The Buffalo News. The proposal calls for a 5-story, 45,000 square-foot 80-room hotel with underground parking for at least 50 vehicles, and 4,500 square-feet of retail space on the lower level.

Hans Mobius, the owner of the five properties to be purchased in the plan (1109 to 1121 Elmwood), reportedly signed a contract with Savarino to assemble the development.

“We saw a huge opportunity to bring something to the Elmwood Village that will make sense and bring a service that’s currently not available,” said Eva Hassett, vice president of Savarino. “Elmwood is such a wonderful place to eat, shop, walk and spend time. We believe this project will add to that vibrant environment.”

Some business owners in the area see it differently. Wikinews interviewed 2 of the 4 owners whose business’s would be demolished if the development goes through.

Nancy Pollina, of Don Apparel at 1119 Elmwood, who found out about the development only yesterday, said she is “utterly” against the proposal. Her apparel shop has stood at the same location for nearly 14 years. She has volunteered in the community, and helped create several gardens around bus shelters in the city, and served on Forever Elmwood Board for six years as head of Beautification. Patty Morris co-owns Don Apparel with Pollina.

“To say this is a good looking project, I want to say the emperor has no clothes. This [project] does not take into consideration the needs of the college students. I have been told by college students, these shops here, are the reason they leave the campus,” said Mrs. Pollina.

Buffalo State College is 500-feet from the intersection.

Michael Faust, the owner of Mondo Video said, “Well, I do not really want to get kicked out of here. The landlord was very open, and the deal he made with me when I moved in here was ‘the rent is cheap and I [the landlord] will not fix anything and that will not change.'” Faust said he first learned of the development plan, “about 48 hours ago. I found out on Tuesday when the Buffalo News called and asked for my opinion on this.” Faust has not said if he will make plans to relocate. “We have to see if this [house] is going to get knocked down first,” said Faust.

An “informational” meeting, where citizens can voice opinions and learn about the proposal, will be held on Tuesday February 21, 2006 at 5:00pm (eastern), at the Burchfield-Penney Art Center Gallery at Buffalo State College, Rockwell Hall.

Executive director of Forever Elmwood Corporation, Justin P. Azzarella would not comment on whether or not the organization supports the development, saying, “you will just have to come to the meeting.”

Forever Elmwood Corp. is designed to preserve and protect the unique and historic nature of Elmwood Avenue and its surrounding neighborhoods and encourage neighborhood commercial revitalization. The organization was founded in 1994.

Nearly two years ago, the Forever Elmwood Corp. assisted in the blocking of the demolition of the Edward Atwater house at 1089 Elmwood next to Pano’s Restaurant which is at 1081 Elmwood. Owner Pano Georgiadis wanted to expand his restaurant onto the property where the house now stands, but the Common Council denied his permit to demolish saying the house is a historical landmark and needs to be protected. Georgiadis, who has a bleeding ulcer, said that all the court cases landed him in the hospital. “I got a bleeding ulcer, and since then, I don’t care about this house anymore, or this city. I just go to work every day. I think [preservationists] are parasites,” said Georgiadis.

Georgiadis will not be attending Tuesday’s meeting saying, “I will be out of town.”

In 1995 Hans Mobius proposed a plan to develop a Walgreens, that was to be placed in the same location, but residents and business owners shot down the proposal. Walgreens eventually withdrew its request for a variance after pressure from the community.