Comments on: Why Scans of Public Domain Books Cannot Be Copyrighted http://www.shaftek.org/blog/2009/02/01/why-scans-of-public-domain-books-cannot-be-copyrighted/ ShafTek.org = SHAFranovich TECHnologies Wed, 23 Dec 2009 13:41:13 -0500 http://wordpress.org/?v=2.8.6 hourly 1 By: Stbalbach http://www.shaftek.org/blog/2009/02/01/why-scans-of-public-domain-books-cannot-be-copyrighted/comment-page-1/#comment-50921 Stbalbach Mon, 02 Feb 2009 14:20:55 +0000 http://www.shaftek.org/?p=600#comment-50921 "it remains to be seen whether contractual arrangements such as the terms of service on a website, can obligate someone to follow restrictions on a public domain work." Wikipedia (Wikicommons) has run into this problem. For example, the New York Public Library has 100s of thousands of public domain pictures online - they sell copies, along with a ToS that forbade using the pictures unless purchased. However, that didn't stop people from uploading them to Wikicommons since they are public domain. I am sure there are knowledgeable people there who know about this issue and/or have discussed it before. “it remains to be seen whether contractual arrangements such as the terms of service on a website, can obligate someone to follow restrictions on a public domain work.”

Wikipedia (Wikicommons) has run into this problem. For example, the New York Public Library has 100s of thousands of public domain pictures online – they sell copies, along with a ToS that forbade using the pictures unless purchased. However, that didn’t stop people from uploading them to Wikicommons since they are public domain. I am sure there are knowledgeable people there who know about this issue and/or have discussed it before.

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