[NetBehaviour] 1840's GIF Party Tate Open

Pall Thayer pallthay at gmail.com
Tue Jan 21 22:19:59 CET 2014

"Hallucinated copyrights." I like that.

On Tue, Jan 21, 2014 at 2:42 PM, Rob Myers <rob at robmyers.org> wrote:

> On 21/01/14 07:52 AM, Seth Guy wrote:
> > May interest some of
> > you:
> http://www.tate.org.uk/whats-on/tate-britain/special-event/1840s-gif-party-call-submissions
> This is an amazing project artistically but Tate need to do some work on
> their image copyright policy.
> Specifically the tumblr requires that you:
> "ensure that any third party copyrighted material contained in a
> submitted work has already been cleared with the copyright holder."
> But the Tate website says:
> "You may not copy, reproduce, republish, disassemble, decompile, reverse
> engineer, download, post, broadcast, transmit, make available to the
> public, or otherwise use tate.org.uk content in any way except for your
> own personal, non-commercial use.  In certain prescribed circumstances,
> you may adapt, alter or create a derivative work from any tate.org.uk
> content for your own personal, non-commercial use, with the prior
> written permission of Tate which will be indicated against the relevant
> tate.org.uk content."
> This applies to the Tate's dubious practice (sadly common among UK
> museums) of claiming copyright on reproductions of out-of-copyright
> paintings, which includes the paintings that are being used as source
> material for this project.
> (Also of relevance is the Tate website's terms disallowing:
> "Reproduction of Tate website content on any social media platforms,
> except where other terms allow"
> I'm not sure the project page counts as "terms".)
> Having required you to both accept and break their hallucinated
> copyrights, and promise not to use the resulting work publicly or as
> part of your artistic livelihood, Tate then require that you:
> "grant Tate a non-exclusive, worldwide, perpetual royalty-free licence
> to reproduce, modify, edit, publish and distribute the content you submit"
> At least unlike the Tate site the tumblr doesn't require that:
> "You also grant to Tate the right to sub-licence these rights to third
> parties."
> The solution to this iniquitous morass is that Tate should place all the
> images that they can under a Creative Commons Attribution-Sharealike
> license. They can then receive adaptations under the same terms in
> return, including the adaptations they are calling for in this project.
> - Rob.
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Pall Thayer
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