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Category:Country music

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  • 17 August 2011: Indiana State Fair stage collapse kills four, injures forty
  • 20 February 2011: Music duo The Bellamy Brothers accuse Britney Spears of plagiarism
  • 5 August 2009: Stage collapse at Canadian “Big Valley Jamboree” kills one, and seriously injures four others
  • 7 April 2008: Feist leads 2008 Juno Award winners
  • 13 February 2007: Dixie Chicks, Blige, Underwood big Grammy winners
  • 7 November 2006: Faith Hill says reaction to Carrie Underwood’s CMA win was a joke
  • 16 September 2006: Dixie Chicks show documentary at TIFF
  • 26 March 2006: Buck Owens, country music icon, dies at 76

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Disposal of fracking wastewater poses potential environmental problems
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Disposal of fracking wastewater poses potential environmental problems

Wednesday, April 25, 2012

A recent study by the United States Geological Survey (USGS) shows that the oil and gas industry are creating earthquakes. New information from the Midwest region of the United States points out that these man-made earthquakes are happening more frequently than expected. While more frequent earthquakes are less of a problem for regions like the Midwest, a geology professor from the University of Southern Indiana, Dr. Paul K. Doss, believes the disposal of wastewater from the hydraulic fracturing (or “fracking”) process used in extracting oil and gas has the possibility to pose potential problems for groundwater.

“We are taking this fluid that has a whole host of chemicals in it that are useful for fracking and putting it back into the Earth,” Doss said. “From a purely seismic perspective these are not big earthquakes that are going to cause damage or initiate, as far as we know, any larger kinds of earthquakes activity for Midwest. [The issue] is a water quality issue in terms of the ground water resources that we use.”

Hydraulic fracturing, or fracking, is a technique used by the oil and gas industries which inject highly pressurized water down into the Earth’s crust to break rock and extract natural gas. Most of the fluids used for fracking are proprietary, so information about what chemicals are used in the various fluids are unknown to the public and to create a competitive edge.

Last Monday four researchers from the University of New Brunswick released an editorial that sheds light on the potential risks that the current wastewater disposal system could have on the province’s water resources. The researchers share the concern that Dr. Doss has and have come out to say that they believe fracking should be stopped in the province until there is an environ­mentally safe way to dispose the waste wastewater.

“If groundwater becomes contamin­ated, it takes years to decades to try to clean up an aquifer system,” University of New Brunswick professor Tom Al said.

While the USGS group which conducted the study says it is unclear how the earthquake rates may be related to oil and gas production, they’ve made the correlation between the disposal of wastewater used in fracking and the recent upsurge in earthquakes. Because of the recent information surfacing that shows this connection between the disposal process and earthquakes, individual states in the United States are now passing laws regarding disposal wells.

The problem is that we have never, as a human society, engineered a hole to go four miles down in the Earth’s crust that we have complete confidence that it won’t leak.

“The problem is that we have never, as a human society, engineered a hole to go four miles down in the Earth’s crust that we have complete confidence that it won’t leak,” Doss said. “A perfect case-in-point is the Gulf of Mexico oil spill in 2010, that oil was being drilled at 18,000 feet but leaked at the surface. And that’s the concern because there’s no assurance that some of these unknown chemical cocktails won’t escape before it gets down to where they are trying to get rid of them.”

It was said in the study released by the New Brunswick University professors that if fracking wastewater would contaminate groundwater, that current conventional water treatment would not be sufficient enough to remove the high concentration of chemicals used in fracking. The researchers did find that the wastewater could be recycled, can also be disposed of at proper sites or even pumped further underground into saline aquifers.

The New Brunswick professors have come to the conclusion that current fracking methods used by companies, which use the water, should be replaced with carbon diox­ide or liquefied propane gas.

“You eliminate all the water-related issues that we’re raising, and that peo­ple have raised in general across North America,” Al said.

In New Brunswick liquefied propane gas has been used successfully in fracking some wells, but according to water specialist with the province’s Natural Resources De­partment Annie Daigle, it may not be the go-to solution for New Brunswick due its geological makeup.

“It has been used successfully by Corridor Resources here in New Bruns­wick for lower volume hydraulic frac­turing operations, but it is still a fairly new technology,” Daigle said.

The United States Environmental Protection Agency (EPA) is working with U.S. states to come up with guidelines to manage seismic risks due to wastewater. Under the Safe Drinking Water Act, the EPA is the organization that also deals with the policies for wells.

Oil wells, which are under regulation, pump out salt water known as brine, and after brine is pumped out of the ground it’s disposed of by being pumped back into the ground. The difference between pumping brine and the high pressurized fracking fluid back in the ground is the volume that it is disposed of.

“Brine has never caused this kind of earthquake activity,” Doss said. “[The whole oil and gas industry] has developed around the removal of natural gas by fracking techniques and has outpaced regulatory development. The regulation is tied to the ‘the run-of-the-mill’ disposal of waste, in other words the rush to produce this gas has occurred before regulatory agencies have had the opportunity to respond.”

According to the USGS study, the increase in injecting wastewater into the ground may explain the sixfold increase of earthquakes in the central part of the United States from 2000 – 2011. USGS researchers also found that in decades prior to 2000 seismic events that happened in the midsection of the U.S. averaged 21 annually, in 2009 it spiked to 50 and in 2011 seismic events hit 134.

“The incredible volumes and intense disposal of fracking fluids in concentrated areas is what’s new,” Doss said. “There is not a body of regulation in place to manage the how these fluids are disposed of.”

The study by the USGS was presented at the annual meeting of the Seismological Society of America on April 18, 2012.

2008 TaiSPO: Interview with Ideal Bike Corporation and Gary Silva
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2008 TaiSPO: Interview with Ideal Bike Corporation and Gary Silva

Friday, March 28, 2008

2008 Taipei International Cycle Show (Taipei Cycle) & Taipei International Sporting Goods Show (TaiSPO) not only did a best reunion with conjunctions of the launch of Taipei World Trade Center Nangang Exhibition and the concurrent cycling race of 2008 Tour de Taiwan but also provide opportunities and benefits for sporting goods, bicycle, and athlete sports industries to establish the basis of the sourcing center in Asia and notabilities on the international cycling race.

Although the Taipei cycle was split from the TaiSPO since 1988, but the trends of sporting good industry in Taiwan changed rapidly and multiply because of modern people’s lifestyles and habits. After the “TaiSPO Innovation Award” was established since 2005, the fitness and leisure industries became popular stars as several international buyers respected on lifestyle and health.

For example, some participants participated Taipei Cycle and TaiSPO with different product lines to do several marketing on bicycle and fitness equipments, this also echoed the “Three New Movements” proposed by Giant Co., Ltd. to make a simple bicycle with multiple applications and functions. As of those facts above, Wikinews Journalist Rico Shen interviewed Ideal Bike Corporation and Gary Silva, designer of “3G Steeper” to find out the possibilities on the optimizations between two elements, fitness and bicycle.

How Does Nationwide Online Banking Stack Up Against Other Online Uk Banks?

By Daisylyn Llorico

Nationwide, the UK’s biggest building society has been on the online banking scene for some years now; and is now one of the top online banking sites for high security. If you are a customer for the Nationwide online banking website, then you will know how favorably Nationwide stacks up against other online banking services.

The front page of Nationwide has their main advertisement placed on it along with a little traffic light symbol. Green means that the website is working normally and without any known problems. Yellow means that they have got planned maintenance underway, but you can still use the website. And red means that you cannot use the online banking website at the moment due to detected problems.

[youtube]http://www.youtube.com/watch?v=ezvmM-mWOCE[/youtube]

One of Nationwide’s advantages over its competition is their strict sign in policy and questions. When you first sign up, you must enter a memorable date, a memorable place and a memorable name. When you are finished signing up, Nationwide will post you your secret six-digit pass number and customer number. Once you have all this information, you can sign in and check your accounts.

You must enter your customer number, one piece of your memorable information to enter. And then you will see that they require 3 digits of your pass number, which Nationwide will choose whether they want your 1st number along with your 3rd and 5th digits or a different combination. These are some of the tightest security measures you will find on any online banking site.

The main disadvantage that many customers have noticed is that it can be hard to access the other pieces of information. Canceling a check or sorting out your direct debits is easy, but trying to get a loan or applying for a mortgage can be difficult. All the information is there, but it is hard to find by simply navigating the Nationwide site.

There is also a convenient inbox where you can receive emails from Nationwide about planned maintenance–or where you can send an email to the customer service center when you have a problem.

Overall, if you value security over the ease of use of the website, then Nationwide is the online banking service for you.

About the Author: Daisylyn Llorico writes about online banking for financial publications worldwide and in particular for

offshoreincorporation101.com

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Category:Featured article
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New Beta Version of MSN Search Service from Microsoft released
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New Beta Version of MSN Search Service from Microsoft released

Thursday, November 11, 2004

REDMOND, WashingtonMicrosoft has released the new MSN Search service. According to Microsoft press release, the new MSN Search offers the largest, up to date selection of information and a new class of search tools, reducing time and effort required by users to find information.

Some major characteristics of the new MSN Search service include: up to date information, direct answers, direct actions, content specific searching, Search Near Me feature (results tailored geographically), Search Builder (the user can customize search results by defining search criteria).

The global beta version of MSN Search is available here.

U.S. superbug expected to emerge in Canada
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U.S. superbug expected to emerge in Canada

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.

Rapper Proof (D12) shot and killed outside Detroit nightclub
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Rapper Proof (D12) shot and killed outside Detroit nightclub

Tuesday, April 11, 2006

Rapper Proof, born Deshaun Holton, was shot and killed on April 11, 2006, at approximately 4:30 a.m. EDT (0830 UTC) at the Triple C Club on 8 Mile Road in Detroit.

Proof was known for his work together with his good friend Eminem and his group D12.

Another man was shot shortly afterward, and was taken to St. John Hospital.

On April 12, 2006, Mario Etheridge, 28, of Detroit turned himself in to the police, having been named by several witnesses. Mario was allegedly a bouncer at the club. “Police said he is a cousin of Keith Bender Jr., the bouncer who was allegedly shot by Proof during the fight.” The fight that started inside the club was reported to be over a pool game. The argument was taken outside where, “A shot was fired in the air, Proof allegedly pistol-whipped Bender, knocked him to the ground and then shot him. Etheridge then allegedly opened fire on the rapper, striking him four times in the head and chest. One week later, Keith Bender Jr. died of his injuries on April 18, 2006.

Official Police reports are yet to determine the series of events which left Proof and Keith Bender, 35, deceased. Bender died 8 days later on April 18, 2006. Following Proof’s death, rapper Snoop Dogg called on fellow musicians to unite, describing the incident as “a loss to the hip-hop community”.

The tributes were led by fellow rapper The Game who was first to comment on the tragedy. The Game remembers how he and Proof became ‘real cool and real homies’ and that ‘Proof will always be remembered and I as well as the Black Wall Street family will keep his memory & his family in our prayers 1’. The second to comment on Proof was long time friend Royce da 5’9″ who was deeply saddened by the death of his good friend. Royce had been a friend of Proof for over 9 years and the two had recently reconciled. Royce echoed the music community, saying ‘He is such loss for the hip hop community…I hope that he will be remembered for the talented artist and great person that he was, and not the tragedy that he fell victim to’.

Eminem was the third to discuss Proof’s death days after his passing, clearly affected by the tragedy. Eminem described Proof as “funny, smart and charming” and said that he would be sorely missed and described him as “the heart and ambassador of Detroit hip-hop”. Eminem said that Proof was, and always will be, his best friend.

Tributes poured out of the UK with Vm2k6 leading the remembrance. Proof’s demise which was mainly overlooked by the UK media was documented and reflected by VM2k6 in which he calls Proof ‘fresh, talented and meaningful, a rarity in Hip Hop today’. He continues saying that Proof had ‘the greatest ability to transfer his experiences and most of all feelings into words’ and finished with the heartfelt line- ‘I guess its only in Death you really begin to shine’.

Several fan videos were released in tribute to Proof, including the hit “Good Die Young” music video which used D12’s 2004 single, which is currently one of the highest discussed and viewed videos on YouTube.com. Many other “slide show” flicks were created, which are appearing all over the internet. The “Good Die Young” clip was produced by RYKE Video Productions.

Proof stated how he wanted to be remembered in an interview with Sohh.com shortly after his album release; ‘I want people to say that I was a true artist’, ‘ That I did it best and stayed true to Hip Hop roots’ and ‘I’d want people to understand I did it for the love not for the charts.’

Can A Panic Attack Last For Hours? What Should I Do?

Submitted by: Syed Hus

Panic attacks disorder is a condition where people sometimes feel extremely fearful without any valid reason. The panic attack may come all of a sudden even if there is no real danger lurking nearby.

A person who experiences panic attack may fear another such attack and may start avoiding places or situations in which the first attack occurred. People may get panic attacks only occasionally and some may have more frequent attacks.

Also the time duration of these attacks may differ widely. For some people, the attack may just last a few seconds while for others it might last for an hour or more.

In most cases, the attacks last for a few minutes. However the shock and nervousness that people feel may continue for a much longer time even when the attack is over. Sometimes the after effects of it may stretch for a couple of days or more.

[youtube]http://www.youtube.com/watch?v=Z-N-FwglPVo[/youtube]

The usual symptoms are extreme fear, sweating, pounding of heart, shortness of breath, nausea, dizziness, feel as if you are dying or having a heart attack. Since most people experience such things moderately some time or the other, it is difficult to diagnose whether you actually had a panic attack or not.

Many of the above symptoms might also be caused due to other factors like stress, weakness, some illness, disease, medications etc. So you have to consult your doctor before you conclude that you are facing a panic disorder. Your doctor may also take some time before reaching a final conclusion.

Typically people face atleast 2 or more panic attacks without any valid reason before it can be successfully concluded after thorough diagnosis that the patient indeed is suffering from panic disorder.

If you are wondering – can a panic attack last for hours – then the answer is that usually it doesn’t last for so long. However some of the feelings will stay with you for hours after the attack which might make you think that you are still experiencing the panic fit.

If it is your first attack and you had no clue what was happening, then chances are that you got worried and hence the attack seemed to carry on for longer duration. Once people get a few such attacks and they try to learn and implements steps to minimize such attacks, then they will be better equipped to handle it when it occurs. In such cases, the panic fit may last for a shorter time.

It is best to consult a qualified doctor as you may need immediate attention. It is not advisable to delay or neglect consulting a doctor.

What you have to first rule out is whether there is some other health problem or is it really a panic problem. Secondly you have to follow some plan or program which may help in overcoming this problem.

The important thing is to start doing something at the earliest to get rid of the problem and keep following the treatment method till you get noticeable results.

About the Author: Discover

how to stop panic attacks

easily. You need not suffer all your life. Here is affordable help for you. Also discover

how to stop panic attacks naturally

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Source:

isnare.com

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U.K. National Portrait Gallery threatens U.S. citizen with legal action over Wikimedia images
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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.

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