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Government Privacy United States

White House Claims Copyright On Flickr Photos 169

Hugh Pickens writes "US government policy is that photos produced by federal employees as part of their job responsibilities are not subject to copyright in the US. But Kathy Gill writes that after originally putting official White House photos in the public domain, since January the Obama White House has been asserting that no one but 'news organizations' can use its Flickr photos taken by the official White House photographer, who is a US government employee. This change appears to be a heavy-handed response to last month's controversy resulting from a billboard that implied the President endorsed The Weatherproof Garment Co. after the company used an AP photo of the president for a Times Square billboard. However a New York law already protects individuals from unauthorized use of their image for advertising, and the billboard was quickly taken down. Gill writes, 'Whatever the reason, the assertion of these "rights" seems to be in direct contrast to official government policy and is certainly in direct contrast to reasonable expectations by the public, given that the photos are being produced with taxpayer (i.e., public) money. Ironically, the same Flickr page that claims (almost exclusive) copyright also links to the US copyright policy statement.'"
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White House Claims Copyright On Flickr Photos

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  • by John Hasler ( 414242 ) on Sunday February 07, 2010 @05:44PM (#31055122) Homepage

    > ...in direct contrast to official government policy...

    In direct contrast to law.

  • Re:It would seem... (Score:2, Informative)

    by lag10 ( 667114 ) on Sunday February 07, 2010 @06:02PM (#31055316)

    To my knowledge, the Feds are only allowed to restrict image use based on its classified status.

    I thought use of the presidential seal was restricted. I've not seen the photos so I dont know if they
    have it or not.

    I believe that the Seal has a special status to avoid misrepresentation of official statements.

    These images, on the other hand, are not currently involved with any sort of misrepresentation.

    I also believe that the protection of the Seal is inherited from similar protection given to the British Royal Standard.

  • by evanbd ( 210358 ) on Sunday February 07, 2010 @06:48PM (#31055714)
    You say that as though they have a monopoly on it. This is not a partisan issue.
  • by mmcxii ( 1707574 ) on Sunday February 07, 2010 @06:58PM (#31055800)
    So Obama using an axe instead of a scalpel on an issue that has hurt absolutely no one is OK with you?

    I wonder how you're going to feel when he's facing a real crisis and does the same thing.

    The bottom line is that this could have been handled better. Maybe not by Obama himself, maybe he would have needed some help but it still could have been handled better. And to be frank, I don't think we've seen the limits of how far this will go. I think there is going to be a backlash from this that is going to reach non-commercial ventures. Just wait and see.
  • by supersloshy ( 1273442 ) on Sunday February 07, 2010 @06:58PM (#31055804)

    ...using Creative Commons like they already are [whitehouse.gov]? Creative commons already states that on most of their licenses [creativecommons.org] that you can't use whatever is licensed in a way that makes it seem like the copyright holder (in this case, the US government) endorse you or your derivative work (without permission, of course, like if Obama officially said that he approved of something). I mean, really, there's WAY more than only two choices, and Creative Commons just makes sense to use.

  • by Katchu ( 1036242 ) on Sunday February 07, 2010 @07:06PM (#31055854)
    Also, software created by U.S. government employees cannot be copyrighted. You can ask for source code, but that may involve an Electronic Freedom of Information Act (EFOIA) request, and you'd have to pay for the cost of providing you that information (considerably less than the cost of the software source code if you developed it). Unfortunately most software now developed for U.S. government is written by contractors (not U.S. government employees), and most contractors retain all rights to that software even though it was paid for 100% by government money. This makes it less costly for the government to produce software.
  • by StormReaver ( 59959 ) on Sunday February 07, 2010 @07:15PM (#31055942)

    In direct contrast to law.

    Specifically: Title 17, Section 105;

    Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.

  • by Vellmont ( 569020 ) on Sunday February 07, 2010 @07:23PM (#31056012) Homepage


    Do you think this would have prevented Chia Obama https://www.chiaobama.com/flare/next [chiaobama.com] or Obama Fingers http://www.spiegel.de/international/zeitgeist/0,1518,612684,00.html [spiegel.de]?

    No, and it's not supposed to. Neither of the products you linked to had any implication of endorsement by the President, which is what we're actually talking about here.

  • by JNSL ( 1472357 ) on Sunday February 07, 2010 @07:39PM (#31056114)
    Except this isn't a copyright issue. The prohibition is on image, not the picture.
  • by Anonymous Coward on Sunday February 07, 2010 @08:35PM (#31056418)

    Just to be pedantic (this is Slashdot, after all), the proper citation for the U.S. Code would be 17 U.S.C. 105.

  • by Jurily ( 900488 ) <jurily&gmail,com> on Sunday February 07, 2010 @08:36PM (#31056434)

    Anyone sued for violating its copyright can yawn in the direction of USC 17.1105 and walk out of the courtroom.

    Except when copyright claims are invoked with DMCA takedown notices. There is no checking of actual legal status before it gets taken down. Especially if the sender is the US government.

  • by sassy_webgrrl ( 111403 ) on Sunday February 07, 2010 @10:40PM (#31057194)

    The Flickr statement appears below: note that it is an assertion of full copyright with two exceptions: news organizations and personal use of anyone included in the photo. As the article notes -- and as I have noted several times in this thread -- the issue of implied endorsement is NOT a copyright issue.

    This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House

  • by iccaros ( 811041 ) on Monday February 08, 2010 @12:49AM (#31058038) Homepage
    White House photographer is a Government employee as they are military.. See WHCA http://www.disa.mil/whca/ [disa.mil] Spent a good number of years at that command. President Clinton tried the same thing to hide Al Gores fund raising, with illegal use of WHCA to film and photograph.
  • Something missing... (Score:3, Informative)

    by P0ltergeist333 ( 1473899 ) on Monday February 08, 2010 @02:13AM (#31058426)

    It seems there are multiple circumstances where the photos may be protectable:

    Caveats

            * Other persons may have rights either in the work itself or in how the work is used, such as publicity or privacy rights.
            * Not all work that appears on US Government Websites is considered to be a US Government work. Check with the content curator to see whether the work is a US Government Work. Works prepared for the United States Government by independent contractors may be protected by copyright, which may be owned by the independent contractor or by the United States Government.
            * The United States Government Work designation is distinct from designations that apply to works of US state and local governments. Works of state and local governments may be protected by copyright.
            * Copyright laws differ internationally. While a United States Government work is not protectable under United States copyright laws, the work may be protected under the copyright laws of other jurisdictions when used in other jurisdictions. Outside of the United States, the United States Government may assert copyright in United States Government works.

    (from: http://www.usa.gov/copyright.shtml [usa.gov])

    I wonder if any of those caveats apply here.

  • by Anonymous Coward on Monday February 08, 2010 @11:01AM (#31060542)

    There are groups that will give you a free lawyer to protect important rights.

BLISS is ignorance.

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