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New General Counsel hired; reuse of Google Art Project debated; GLAM newsletter started; news in brief

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By Resident Mario, Tilman Bayer, Rock drum and SvHannibal

New General Counsel hired

On February 4, Sue Gardner announced the hiring of Geoff Brigham as General Counsel to the Wikimedia Foundation. The General Counsel is in charge of the Foundation's day-to-day legal issues. According to the job description, the General Counsel is responsible for "maintaining and developing the legal and contractual infrastructure required of a US-based nonprofit foundation which operates internationally; maintaining and developing policy and legal defenses relevant to the operation of a Top 10 multilingual information website created via the efforts of a broad, international volunteer community; [and] advising the Wikimedia Foundation and the global Wikimedia movement on ethical and mission-driven policy positions."

The office was created in 2006 (Signpost coverage: "Foundation hires Brad Patrick as general counsel and interim executive director"). In July 2007, Mike Godwin was hired for the position. Godwin handled legal affairs for the project for three years, dealing with several high-profile disputes, before leaving the project last October for undisclosed reasons. In late October, human resources firm m|Oppenheim was charged with finding a replacement for Godwin. Sue Gardner noted the challenge to recruit a person who "can handle a broad range of legal issues including the legal defense of our projects in an international context, an array of matters related to policy and regulatory compliance, issues such as privacy, and helping us with the challenges of opening a new office in India." m|Oppenheim talked to "hundreds of connectors and candidates" for the position, and around 12 short-listed candidates were interviewed.

English- and French-speaking Geoff Brigham received his law degree from the Georgetown University Law Center in Washington DC, and a BA in Political Science and French from the Indiana University in Bloomington. Prior to the appointment, Brigham was for nearly eight years Deputy General Counsel of eBay, where he handled legal affairs in 15 countries. Before that, Brigham was the Assistant US Attorney in Southern District of Florida, Senior Liaison Legal Officer in Paris, Federal Appellate Attorney, Associate with Finley, Kumble, Wagner et al., and Judicial Law Clerk. Wikimedians have been welcoming him to the Foundation on the Foundation-l mailing list.

Echoes of the NPG public domain controversy: Reuse of Google's gigapixel art reproductions debated on Commons

Harvested from the Google Art Project: "The Harvesters" by Pieter Bruegel the Elder (Metropolitan Museum).
Interactive large-image-viewer (non-Flash)‎, 19,578 × 14,260 pixels at 88.22 MB (reduced resolution from Google's reproduction)
Detail of Dirck Hals' Fête champêtre (below), derived from the Google Art Project's reproduction
Dirck Hals: Fête champêtre ("Garden party"), 1627 (Rijksmuseum Amsterdam)

After the launch of the Google Art Project last week, which hosts very high-resolution images (up to more than 10 gigapixels) of famous artworks from galleries and museums around the world, a debate ensued on whether and how to upload those that show public domain works to Wikimedia Commons.

It was discussed whether Google's terms of services permit such reuse, whether it would still be legal under copyright in case of the lack of such permission, and whether it might offend cultural institutions that are collaborating with Wikimedia or could intend to do so.

Witty lama, who has long been known for his work on such GLAM relationships (Galleries, libraries, archives and museums) and in December took up a fellowship position at the Wikimedia Foundation, strongly advised against copying the reproductions: "Of course, legally and ethically the community and WMF's position remains that you can't copyright a PD artwork merely by making a faithful reproduction of it (cf. Bridgeman v. Corel). However, from a pragmatic point of view the advantages of having a dozen gigapixel images of important paintings (as awesome as that would be) would, IMHO, be outweighed by the blow this would deal to our reasonably good-standing in the cultural sector these days."

Apart from the diplomatic concerns, the images also present technical challenges, their full resolution exceeding the 65536 x 65536 pixels maximum of the JPEG specifications and the 100MB file upload limit on Commons. Dcoetzee announced that he had started to download and archive some of the images in full resolution, and has already uploaded three of them in a somewhat lower resolution to Commons (File:Giovanni Bellini - Saint Francis in the Desert - Google Art Project.jpg,File:Pieter Bruegel the Elder- The Harvesters - Google Art Project.jpg, File:Van Gogh - Starry Night - Google Art Project.jpg). The full 1.6 gigapixel version of one image, Starry Night, has been uploaded to the Internet Archive.

Recalling the 2009 legal threat of the UK's National Portrait Gallery (NPG) against Dcoetzee for similar uploads of reproductions of public domain paintings (Signpost coverage: "Copyright threat"), Witty lama strongly criticized him for the new uploads: "Didn't we learn anything from the NPG fiasco, especially you Derreck!?" David Gerard retorted "Yes: we learnt to stand up to odious and reprehensibly fraudulent claims of copyright on public domain works. ... Derek did nothing wrong and is doing nothing wrong." Dcoetzee said that the three images were just a "sample" and that he planned "no further uploads for a while, just gathering data on local storage". He also indicated that the legal concerns from the NPG case do not apply to museums in the countries like the US where the public domain status of faithful reproductions of 2D public domain artworks is more clearly established than in the UK.

It was also debated whether Wikimedia projects have a need for such high resolutions at all. Dcoetzee defended their usefulness, pointing to an essay titled "Why we need high-resolution media". The newly created category "Google Art Project" already contains a few detail images that were excerpted from Google's reproductions (one of them currently being used in the article Tudor rose). The version of Pieter Bruegel the Elder's "Harvesters" uploaded by Dcoetzee (see above), while reduced to 280 megapixels from Google's 4.5 gigapixels, compares favorably to a previously uploaded high resolution version (3.6 megapixels) from another source, allowing the viewer to recognize grazing cattle in the background or the facial expressions of the harvest workers in the foreground.

Monthly GLAM newsletter started

Logo of the new newsletter

In other GLAM-related news, a monthly newsletter titled "This month in GLAM" has been started on the Foundation's Outreach wiki. Among various other items covered previously in the Signpost, the first issue records the following events for January:

News in brief

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Google Art Project

I'm surprised you didn't quote the WMF blog post on the NPG, Protecting the public domain and sharing our cultural heritage, which sets out WMF's stance on the matter:

"The Wikimedia Foundation sympathizes with cultural institutions’ desire for revenue streams to help them maintain services for their audiences. And yet, if that revenue stream requires an institution to lock up and severely limit access to its educational materials, rather than allowing the materials to be freely available to everyone, that strikes us as counter to those institutions’ educational mission. It is hard to see a plausible argument that excluding public domain content from a free, non-profit encyclopedia serves any public interest whatsoever."

As well as Commons, it's been a matter of heated discussion on internal-l (which, despite the name, is mostly a chapters list these days, I should clarify).

I understand clarification is currently being sought from Google on whether they really meant to attempt to enclose public domain works with an EULA - David Gerard (talk) 01:06, 8 February 2011 (UTC)[reply]

And my apologies to Derrick for calling him "Derek"! - David Gerard (talk) 09:02, 8 February 2011 (UTC)[reply]

New General Counsel

According to his LinkedIn profile, he's quite an experienced litigator. It'd be interesting to know more about why he's taken the job with Wikimedia Foundation. -- Seth Finkelstein (talk) 02:43, 8 February 2011 (UTC)[reply]

Seems there's little mystery as to why an accomplished and credentialed expert would want to work for one of the greatest projects in the history of the world in a position to take on all variety of cutting edge threats with a minimum of corporate or institutional bureaucracy among a community of passionate volunteers. Are you suggesting we have some hidden issue coming to trial? Ocaasi (talk) 16:11, 8 February 2011 (UTC)[reply]
No, I'm not suggesting anything about a "hidden issue coming to trial". Rather, being a lawyer for a nonprofit tends to be low-pay/high-aggravation, and the Wikimedia Foundation certainly fits that pattern. His career is as a prosecutor and business lawyer. Plus since he's quite experienced, he's not taking the job for experience-building reasons. Wikimedia is only cutting-edge in a narrow sector of law. Most of the job seems to be rather mundane legal housekeeping, and dealing with constant copyright and libel complaints. Thus, it'd be interesting to know why it appealed to him, what drew him to the position. -- Seth Finkelstein 17:03, 8 February 2011 (UTC)[reply]
Not to be presumptuous, but it was probably all of the awesome. Ocaasi (talk) 17:39, 8 February 2011 (UTC)[reply]
Maybe he just got tired of the upper legal crust. I know I would. the WMF position is a stable, welcoming position with a strong following. ResMar 20:36, 8 February 2011 (UTC)[reply]
Well, being WMF counsel is many things, but "stable" and "welcoming" are not words I'd use to describe it. The money is also pretty low, especially given it's a senior lawyer position. Now, it's certainly possible that he's made a pile from his time at eBay, and views this as a kind of public service. Again, I don't mean to imply any negative reason. But it would make a good question for an interview. -- Seth Finkelstein (talk) 01:35, 9 February 2011 (UTC)[reply]
We should definitely interview him, for a Signpost feature, and ask him that very question. But I still can't imagine the answer would be very surprising. Wikipedia is a phenomenal and unique global project and he gets to be the head honcho of the entire legal department. It's low on paperwork and high on interesting people. And it's for a good cause. After a career as decorated as his, it seems like a fitting continuation of his work, if not a compelling mix of geeky reward and public service. Ocaasi (talk) 02:00, 9 February 2011 (UTC)[reply]

Editor to article ratio

Declines in readers editing articles are not welcome but could, in part, be a function of bots dealing with obvious vandalism or similar factors. It would be interesting to see graphs of active-editors-to-total-article-number ratios, which may show more dramatic changes. Ben MacDui 20:16, 10 February 2011 (UTC)[reply]



       

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