Archive for October, 2018

22
Oct

Gay Talese on the state of journalism, Iraq and his life

Saturday, October 27, 2007

Gay Talese wants to go to Iraq. “It so happens there is someone that’s working on such a thing right now for me,” the 75-year-old legendary journalist and author told David Shankbone. “Even if I was on Al-Jazeera with a gun to my head, I wouldn’t be pleading with those bastards! I’d say, ‘Go ahead. Make my day.'”

Few reporters will ever reach the stature of Talese. His 1966 profile of Frank Sinatra, Frank Sinatra Has a Cold, was not only cited by The Economist as the greatest profile of Sinatra ever written, but is considered the greatest of any celebrity profile ever written. In the 70th anniversary issue of Esquire in October 2003, the editors declared the piece the “Best Story Esquire Ever Published.”

Talese helped create and define a new style of literary reporting called New Journalism. Talese himself told National Public Radio he rejects this label (“The term new journalism became very fashionable on college campuses in the 1970s and some of its practitioners tended to be a little loose with the facts. And that’s where I wanted to part company.”)

He is not bothered by the Bancrofts selling The Wall Street Journal—”It’s not like we should lament the passing of some noble dynasty!”—to Rupert Murdoch, but he is bothered by how the press supported and sold the Iraq War to the American people. “The press in Washington got us into this war as much as the people that are controlling it,” said Talese. “They took information that was second-hand information, and they went along with it.” He wants to see the Washington press corp disbanded and sent around the country to get back in touch with the people it covers; that the press should not be so focused on–and in bed with–the federal government.

Augusten Burroughs once said that writers are experience junkies, and Talese fits the bill. Talese–who has been married to Nan Talese (she edited James Frey‘s Million Little Piece) for fifty years–can be found at baseball games in Cuba or the gay bars of Beijing, wanting to see humanity in all its experience.

Below is Wikinews reporter David Shankbone’s interview with Gay Talese.

Contents

  • 1 On Gay Talese
  • 2 On a higher power and how he’d like to die
  • 3 On the media and Iraq
  • 4 On the Iraq War
  • 5 State of Journalism
  • 6 On travel to Cuba
  • 7 On Chinese gay bars
  • 8 On the literary canon
  • 9 Sources
22
Oct

Wikinews interviews organiser of New Zealand’s Rock2Wgtn festival Phil Sprey

Wednesday, March 26, 2008

Across Easter weekend Wellington, New Zealand was host to Rock2Wgtn, an international two-day hard rock festival. Large crowds showed up at Westpac Stadium to see the various acts. The world has never seen an event of this kind before.

Day one featured three theatrical acts. Finnish band Lordi, known for their monster costumes, opened the night. They were followed by the US shock rocker Alice Cooper, whose themed set included the horror theatrics regularly associated with him and a hanging stunt he recently restarted after a gallows collapse nearly killed him two decades ago. The night was headlined by the distinctively costumed band KISS, complete with their famed black-and-white makeup.

The first major act on the stage on day two was the American hard rock/glam metal band Poison. After Poison, British act Whitesnake took to the stage and performed their set to the crowd. British-born American rocker Ozzy Osbourne, who, as well as a solo career, fronts the world-famous Black Sabbath, was the second night’s headline act.

The festival’s entertainment did not stop at the six main acts. There was also support performances from three New Zealand bands – The Symphony of Screams, The Valves and Sonic Altar. Their sets were accompanied by a special effects package from award-winning studio Weta Workshops, who are known for their work on movies such as The Lord of the Rings film trilogy. This came in the form of ‘Drusila the Dragon’, which rose up to a height of six foot and wigspan and moved for the audience, shining lasers from its eyes and breathing red smoke. Flame Fire Productions were hired to put on a fire show featuring several dancers alongside the performers. Also performing were six local guitarists and a group of ‘zombie‘ cheerleaders.

Despite the crowds that flocked to the event, however, it has recently become apparent that financial trouble has hit the festival. Although figures remain to be confirmed, an estimated NZ$750,000 has been lost.

Wikinews secured an exclusive interview with Phil Sprey of Capital C Concerts, who organised the festival. The entire interview is now available below.

22
Oct

200 candles: Chileans celebrate country’s Bicentennial

Saturday, September 18, 2010

Chile is celebrating its Bicentennial, with several events that have been organized by the government for almost a decade. It commemorates two hundred years since the First Government Junta of 1810 was formed, starting the Independence process, that ended in 1818 after Bernardo O’Higgins proclaimed it.

The Bicentennial takes place on a holiday from September 17th until 21st. Sebastián Piñera inaugurated the official fondas (places where typical food and drinks of Chile are sold; similar to a tavern) earlier on Friday. Piñera also danced a “pie” of Cueca, Chile’s national dance, with Government Spokeswoman Ena Von Baer.

More than 60 thousand people gathered on Plaza de la Ciudadanía (Citizen’s Square) in Santiago to celebrate the Bicentennial. There was a projection of historical images that also contained a message from the trapped miners in Copiapó. A giant flag of Chile (18 meters of height, 27 of width; weighing 200 kilograms) was raised on the square on Friday morning.

Celebrations of the Bicentennial in Pichilemu started earlier this month. On September 2, two thousand people lined up in a formation to create the message “Viva Chile Bicentenario Cardenal Caro” on Pichilemu beach “Las Terrazas”. The message was used to create a postal stamp to be released worldwide. The event was promoted by the Government of Cardenal Caro Province.

Private schools in the city, such as Colegio Preciosa Sangre, prepared events specially for their students. On Thursday, “Fonda Don Vicente Nario” was opened on Preciosa Sangre. Several games were performed there on that morning, including “el emboque”, “ponerle la cola al burro” (to put the tail to the donkey), and others.

Another event on Preciosa Sangre took place on Thursday night, when students recreated scenes of the History of Chile, including: a tertulia featuring Manuel Montt (starred by Luis Rojas); a chingana (a popular tavern); and selected colonial professions, such as the “motero” (person who sold motemei and chestnuts).

The official fonda of Pichilemu, La Bombonera, was inaugurated on Thursday night by Mayor Roberto Córdova, who danced cueca with people who attended the event. According to Córdova, at least 30,000 people have arrived at Pichilemu as of Friday, and it is estimated that another 30,000 will arrive during the next three days.

A great event took place on Pichilemu beach on Friday afternoon. Chilean typical games highlighted the event. People danced reggaeton, Américo’s cumbias and cuecas, while others were swimming. The National Shoe Fair (Feria Nacional del Calzado) was established on Agustín Ross Hotel on Thursday, and will stay in the town until September 23rd. Alicia Grez, who works on a kiosk in the Pichileminian Craft Fair located in front of One Discotheque, said that “sales have been excellent,” and that “[they] won’t miss the possibility to experience such an event like this.”

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File:Parque bicentenario.JPG

Postcard released by the Chilean Government in 1910. At the top, from left to right: José Miguel Carrera, José de San Martín, Bernardo O’Higgins, Lord Thomas Cochrane, and Manuel Rodríguez. At the bottom, from left to right: Manuel Vicuña, Manuel Blanco Encalada, José Manuel Balmaceda and Pedro Montt.

Official poster of the Centennial of Chile.

Official plans for the Centennial of Chile, in 1910. Pedro Montt is pictured at the top, and Bernardo O’Higgins at the bottom. Image: Memoria Chilena.

21
Oct

Karnataka closed for a day after Supreme Court’s judgement for Kaveri water

Sunday, September 11, 2016

On Friday, various cities in the Indian state of Karnataka observed Karnataka Bandh ((en))English language: ?Karnataka closed as the people opposed the Supreme Court’s judgement on the Kaveri river dispute. Most shops were closed to support the strike.

The Indian Supreme Court judgement instructed Karnataka to release 15,000 cusecs (cubic feet per second) of water from the Kaveri river for ten days to Tamil Nadu. Both of the states demand shares of Kaveri water which goes back to the time when Britishers ruled India.

Due to the strikes, there were no means of public transportation. Even the Metro Service in Karnataka’s capital Bengaluru didn’t run. Private cabs also didn’t provide service; airports were crowded as the passengers had no means of transportation.

Southern Railway officials reported no large-scale ticket cancellations for trains between Bangalore and Chennai. No trains on that route had to be rescheduled. But the bus services from Tamil Nadu’s capital Chennai to Bangalore were stopped near the border for security reasons and tickets were refunded for the passengers who booked tickets for Bangalore. There were fewer passengers as well.

Television service providers in Karnataka blocked more than 50 Tamil channels for the day. Tamil movies were not released as well. Tamil movies from some theaters were removed a day before. Though no major violence was reported, movie posters of Mudinja Ivana Pudi were burnt. Friday movie releases were postponed.

Kannada actress Ragini Dwivedi uploaded a video on Twitter saying, “Kaveri is ours, we will not let it go. Why should we give water when we don’t have any? Come out for the struggle, stand with the farmers. I am supporting the farmers, you too should.” ((kn))Kannada language: ??????? ????? ???? ???? ???? ???? ?????? ???? ?????? ????? ??????? ???????? ????? ??? ????? ????? ???? ???? ???? ????? ???? ???? ????? ???? ?????

Internal exams in The National Institute of Engineering, Mysore were rescheduled to Sunday. Medical shops and petrol pumps remained closed in Mysore. The shops finally opened at 6 PM IST. Private schools also remained closed for the day, but were expected to run full day on Saturdays this month.

 This story has updates See Water Disputes: Violence hits Karnataka, Tamil Nadu; Supreme Court revises Kaveri water share decision, September 13, 2016 
21
Oct

Toothpaste fills cavities without drilling

Thursday, February 24, 2005

A paste containing synthetic tooth enamel can seal small cavities without drilling. Kazue Yamagishi and colleagues at the FAP Dental Institute in Tokyo say that the paste can repair small cavities in 15 minutes.

Currently, fillers don’t stick to such small cavities so dentists must drill bigger holes. Hydroxyapatite crystals, of which natural enamel is made, bond with teeth to repair tiny areas of damage.

Yamagishi and colleagues have tested their paste on a lower premolar tooth that showed early signs of decay. They found that the synthetic enamel merged with the natural enamel. The synthetic enamel also appears to make teeth stronger which will improve resistance to future decay. As with drilling, however, there is still the potential for pain: The paste is strongly acidic to encourage crystal growth and causes inflammation if it touches the gums.

The paste is reported in the journal Nature.

21
Oct

Truck bomb kills at least 80 in Afghan capital city center

Wednesday, May 31, 2017

In what Afghan president Ashraf Ghani called “a crime against humanity,” earlier this morning, local time, a septic tanker truck filled with explosives detonated not far from the German embassy in Kabul’s Wazir Akbar Khan area, during the city’s morning commute. According to the country’s health ministry, at least 83 bodies have been found and over 450 have been wounded. The ministry’s spokesperson, Ismail Kawasi, said most of the victims were civilians, including children.

It was a car bomb near the German embassy, but there are several other important compounds and offices near there too. It is hard to say what the exact target is

“The attack demonstrates a complete disregard for civilians and reveals the barbaric nature of the enemy faced by the Afghan people,” Ghani said in an official statement. “The terrorists, even in the holy month of Ramadan, the month of goodness, blessing and prayer, are not stopping the killing of our innocent people,” he said. General John W. Nicholson Jr., commander of American and North Atlantic Treaty Organization forces in Afghanistan congratulated city security forces for preventing the truck from coming any closer to important government buildings and embassies.

This attack was unusual, though not unheard of, because of the sheer volume of the bomb involved. According to Kabul’s police chief, General Hassan Shah Frogh, “The blast was so huge that it dug a big crater as deep as four meters” (13 feet) and it damaged buildings as far as one mile (1.2 km) away.

Though an initial report by Interior Ministry spokesman Najib Danish claimed the site of the detonation as near one of the gates to the Afghan Presidential Palace, it was actually closer to the German embassy, which sustained considerable damage, according to NBC. Germany currently has more than 950 soldiers in Afghanistan as part of NATO’s Resolute Support Mission and helped the Afghan security personnel in their training. “It was a car bomb near the German embassy, but there are several other important compounds and offices near there too. It is hard to say what the exact target is,” said police spokesperson Basir Mujahid.

The Taliban has denied any association with this attack. Western countries have been fighting the Taliban in Afghanistan for about 15 years, including the U.S., Germany, and Britain, but many of these countries withdrew much of their forces before 2015. Since then, the Taliban has come to control about 40% of Afghanistan, per U.S. estimates.

21
Oct

CFPB records fewer complaints in early days of US government shutdown

Tuesday, October 8, 2013

Unlike some parts of the US Federal Government, the Consumer Financial Protection Bureau (CFPB) has been open during the federal government shutdown and recording a record-low number of complaints submitted by consumers against mortgage companies, credit card companies, student loan providers, banks, money transfer providers, companies who provide credit reports, and other companies providing consumer loans.

With data not available for yesterday, the first four days of the shutdown had daily totals of 37, 16, 13, and 3 complaints. With the exceptions of September 29 with 15 complaints and September 28 with 23, it is the lowest daily total since March 16 of this year when 36 total complaints were recorded and February 23 of this year with 14. The total complaints are also down from the same dates last year, when the total complaints per day for the first four days of October 2012 were 272, 298, 288, and 225.

Of the 69 filed complaints recorded so far this month, 27 were complaints about mortgage companies, 21 were about bank accounts and 10 were about credit card companies. 40% of credit card companies complaints, 42.9% of bank account complaints and 48.1% of mortgage complaints are currently listed as still in progress. Most of the rest have been closed with an explanation.

Bank of America leads all companies in terms of total complaints filed this month with 9. Bayview Loan Servicing, LLC andJPMorgan Chase have 7 complaints each. Ally Bank, Sovereign Bank, and Wells Fargo have 4 each. Flagstar Bankand Equifax have 3 each. Citibank, Nationstar Mortgage, TD Bank, Amex, and FirstMerit Bank have 2 complaints each. 18 financial services companies have 1 complaint each filed against them.

During the government shutdown, some CFPB staff have voiced their opinions on Twitter. Dan Munz, deputy assistant director for consumer engagement at the CFPB, tweeted, “Boy, shutdown week has really created a sudden bumper crop of amateur federal management experts.”; “Also, seems like Boehner is singlehandedly undoing whatever progress he’d made in portraying this as a Dem [Democratic Party] shutdown.”; and “Basically, there’s now a strong incentive to fill legislation with minor symbolic things you can bargain away later to protect the core.”

The agency has been able to stay open during the government shutdown because it is funded by the Federal Reserve. According to Amanda Terkel at the Huffington Post, Republican members of the United States House of Representatives have put closing the CFPB on their wish list of items in negotiating for a new debt ceiling limit. Party members have previously stalled the appointment of Richard Cordray as the CFPB boss as a way of hindering it from engaging in oversight of financial organizations in the the US.

20
Oct

Spring Honeymoon Ideas

Spring Honeymoon Ideas

by

Phil Johnston

Value? Properly, we sell our ceremony resources, for $50, so let\’s assume that is the safe bet. Lopping that off the the top original $369 brings our officiant\’s hourly rate as a result of a more reasonable $34. 00 per hour.

Now, our fine fellow could certainly have his supporter, Bud obtain a quickie online ordination and perform your wedding day ceremony for the compensation of a six-pack.. That would be one way to save the cost of officiant and is a practicable option for many. However, before you go contact the Bud-ster, you may choose to think about what is sold with that $34. 00 each hour fee.

YouTube Preview Image

A professional wedding officiant is going to be able to handle anything that comes along on built of the wedding. It\’s not as simple as showing in place and reading the screenplay. Consider the following mishaps that have happened to couples whom I\’ve wed: microphones die through the ceremony, bridal party members faint, ex-spouses feud (openly!), brides and grooms cry uncontrollably during their vows, flower girls find stung by bees, Men need reassurance, lines get flubbed by the couple, the ring bearer throws standing on his way down the aisle. A thunderstorm unleashes halfway with the ceremony, Unity Candles won\’t lightweight. It goes on and on.

The dessert Southwest is in addition very beautiful in this spring. Well past the monsoon season, but prior to the oppressive summer heat packages in, Arizona and New Mexico can be extremely pleasant. Chill out by the pool at a fabulous resort, or visit that artists\’ galleries in Taos, Santa claus Fe, or Albuquerque. Maybe you can even pick up a unique piece of pottery or a painting to display in your new property. That would make a great honeymoon souvenir.

Culture lovers may want to consider a spring honeymoon in Europe. You may not be guaranteed fantastic weather, but truthfulness avoid Easter week, you ought to be assured of much smaller crowds than inside summer months. If you want to get close enough to your Mona Lisa to begin to see the brushstokes or spend a few minutes admiring the ceiling with the Sistine Chapel in Rome without having to be jostled by a swarm with tourists, going in the spring will be your best bet. And who cares if the weather is not perfect when you can spend your evenings enjoying romantic dinners in some of the best restaurants in Europe? Bon Expedition!

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If you have decided to become wedding DJ, you may need to work hard in the start to establish your identify. If you get a great offer to DJ, a small party or occasion does not reuse the offer as it may be the first stepping stone for getting success to become a professional wedding DJ. It\’s possible you\’ll work under some skilled wedding DJ for couple of months to get training and experience. To become a successful wedding DJ you have to give away your sleep as you have to work at night.

It is important to understand the tastes associated with audiences at different weddings, and you should receive an ability to judge the moods of folks at a wedding. Definitely, it is very important to fix a meeting while using the couple of few days prior to the actual wedding to be informed on their guests and preferences.

Next to the wedding ceremony, your wedding reception is the biggest part of ones wedding day and in addition to the food and drink, the most important part of your wedding celebration is the music. In the country it has become very common try using a Disc Jockey (DJ) to provide the music and emcee with wedding receptions. Finding a DJ to your reception is probably going being a bit more complicated but even more important decision than you may think.

Article Source: ArticleRich.com

20
Oct

Mumbai officials demolish 39K shanties; 200K homeless

December 25, 2004

Officials in Mumbai, India, demolished over 6,000 shanties today in a push to eradicate the capital city’s slums. In total, 39,000 shanties have been flattened, displacing over 200,000 people, in the city’s biggest-ever demolition drive, which began in early December.

When complete, over 2 million people are expected to be displaced. After wiping out the least desirable shanties, next in line for demolition are the illegal ‘well-off’ shanties and neighborhoods, according to the legal and bureaucratic motions that have been executed toward cleaning up Mumbai’s appearance by lowering the dominance of shanties, which make up 62 percent of Mumbai’s housing.

“As far as eye can see, there are mounds of wood, tin and tarpaulin, the remains of 6,200 illegal homes, flattened by a heavy excavator running on tank-like tracks and giant motorised claws,” the Indian Express reported about today’s destruction. [1]

Chief Minister Vilasrao Deshmukh said that citizens would see a change within six months. “Every chief minister likes to be remembered, and I’m no exception,” said Deshmukh, who despite having an empty exchequer, also announced that Rs 31,000 crore will be spent on new roads, sea links and rail lines. [2]

20
Oct

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.