January 27, 2013
Alfred Russel Wallace’s letters go online, with a very buried CC license that maybe doesn’t apply anyway
The letters of
Lord Alfred Russel Wallace, co-discoverer of the theory of evolution by natural selection, are now online. As the Alfred Russel Wallace Correspondence Project explains, the collection consists of 4,000 letters gathered from about 100 different institutions, with about half in the British Natural History Museum and British Library.
The Correspondence Project has, admirably, been releasing the scans without waiting for transcription; more faster is better! Predictably annoyingly, the letters, written by a man who died ten years before the Perpetual Copyright date of 1923, seem to be (but are they?) carefully obstructed by copyright: The Natural History Museum, which houses the collection, asserts copyright over “data held in the Wallace Letters Online database (including letter summaries)” [pdf — oddly unreadable in Mac Preview]. Beyond the summaries, exactly what data is this referring to? Not sure. Don’t know.
But that isn’t the full story anyway, for the NHM sends us to the Wallace Fund for more information about the copyright. That page tells us that the unpublished letters are copyrighted until 2039, with this very helpful footnote:
Unless the work was published with the permission of his Literary Estate before 1 August 1989, in which case the work will be in copyright for 70 years after Wallace’s death, unless he died more than 20 years before the work’s publication, in which case copyright would expire 50 years after publication.
Eventually it gets to some good news:
Authors wishing to publish such works would ordinarily need to obtain permission from the copyright holder before doing so. However, on July 31st 2011, in an attempt to facilitate the scholarly study of ARW’s writings, the co-executors of ARW’s Literary Estate agreed to allow third parties to publish ARW’s copyright works non-commercially without first having to ask the Literary Estate for permission, under the terms and conditions of Creative Commons license “Attribution-NonCommercial-ShareAlike 3.0 Unported”
So, are the letters published on the NHM site actually available under a Creative Commons non-commercial license? The Wallace Fund that aggregated them seems to think so. The NHM that published them maybe thinks not.
Because copyright is just so magical.
TWO HOURS LATER: Please see the first comment, from George Beccaloni, Director of the Wallace Correspondence Project. Thanks, George.
He explains that the transcribed text is available under a Creative Commons non-commercial license, but the digitized images are not. Plus some further complications, such as the content of the database being under copyright, although it is not clear from the site what data that is.
Since the aim of CC is to make it easier for people to re-use material, may I suggest (in the friendliest of fashions) that this be prominently clarified on the sites themselves?
Date: January 27th, 2013 dw