[HN Gopher] Nature photographer John Fielder donates life's work...
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       Nature photographer John Fielder donates life's work to public
       domain
        
       Author : Santosh83
       Score  : 262 points
       Date   : 2023-01-27 11:06 UTC (2 days ago)
        
 (HTM) web link (petapixel.com)
 (TXT) w3m dump (petapixel.com)
        
       | Mali- wrote:
       | God, I'd donate away that lot too...
        
       | helsinkiandrew wrote:
       | > Donated by Fielder in January 2023, in the coming months it
       | will be digitized and cataloged by History Colorado to make it
       | easily accessible and searchable by the public.
       | 
       | And people/companies can download and use them as they wish? I
       | don't want to be cynical (but this is HN) I hope we're not back
       | here in 6 months, discussing how History Colorado has added some
       | license, conditions etc.
       | 
       | I haven't been to Colorado - but these photographs make me want
       | to visit.
        
         | Dalewyn wrote:
         | Obligatory IANAL.
         | 
         | History Colorado is a "501(c)(3) charitable organization and an
         | agency of the State of Colorado under the Department of Higher
         | Education"[1].
         | 
         | Copyright laws exist both at the federal and state levels.
         | 
         | Federal copyright law states "a work prepared by an officer or
         | employee of the United States Government as part of that
         | person's official duties ... are not entitled to domestic
         | copyright protection under U.S. law and are therefore in the
         | public domain."[2] This does not necessarily apply to state
         | government employees.[3]
         | 
         | Colorado's state copyright laws, if any, are seemingly
         | impossible to find with cursory Google-fu.
         | 
         | [1]: https://www.historycolorado.org/about
         | 
         | [2]:
         | https://en.wikipedia.org/wiki/Copyright_status_of_works_by_t...
         | 
         | [3]:
         | https://en.wikipedia.org/wiki/Copyright_status_of_works_by_s...
        
           | bawolff wrote:
           | [Ianal] Additionally, in the USA (but not all other places),
           | digitizing a 2D piece of artwork does not add copyright to
           | it. See https://en.wikipedia.org/wiki/Bridgeman_Art_Library_v
           | ._Corel....
           | 
           | There is a summary of different country laws at
           | https://commons.wikimedia.org/wiki/Commons:Reuse_of_PD-
           | Art_p...
        
         | Freak_NL wrote:
         | > And people/companies can download and use them as they wish?
         | 
         | Why would this be a bad thing? Is there something specific
         | about photos of Colorado scenery that would result in a
         | negative outcome? Because there are already loads of public
         | domain photos out there of natural scenery (the noteworthiness
         | here is that such a comprehensive topical collection is
         | integrally placed in the public domain).
        
           | hnarn wrote:
           | The point of the comment was the complete opposite: that this
           | is a good thing but that the custodians of this digitization
           | may think they have a right to apply a license restricting
           | usage.
        
         | Eleison23 wrote:
         | History Colorado won't have legal standing to add licensing or
         | conditions to their use.
         | 
         | They will have the technical ability to control initial
         | distribution. So we can assume he's going to upload highest-
         | resolution originals to their archives. HC may need to delay
         | access to them, or they may only offer downscaled copies for
         | download initially.
         | 
         | They could watermark or alter them in some way before
         | distribution: since being in the public domain really means no
         | restrictions on use or modifications, they can do anything they
         | want upstream. I mean, they probably won't do watermarking,
         | because I don't see it on other images in the "Collection" on
         | the official website. We'll see if EXIF data is processed in
         | any way. Or which formats will be distributed: you could hope
         | for something lossless, right?
         | 
         | But a public domain dedication, properly done, is irrevocable.
         | Fielder may choose to exempt certain works from dedication, for
         | example if a photograph is monetized already, or used by a
         | popular news agency, etc. But it looks like HC will have 5,000
         | out of 200,000 images, and will shortly release it for public
         | consumption on the same searchable website.
         | 
         | https://www.historycolorado.org/press-release/2023/01/23/col...
        
       | politelemon wrote:
       | This is a nice thing to do, and at the same time I'm saddened
       | that parasites like Adobe and Getty can start profiting off these
       | as they have in the past. Legally parasitical.
       | 
       | Also a question. How could I, a nobody, 'donate' my photography
       | to public domain? An organization wouldn't give a hoot about me,
       | so are there sites that can 'take' photos and host them as public
       | domain?
        
         | [deleted]
        
         | ghaff wrote:
         | >Legally parasitical.
         | 
         | The whole point of public domain is that others can use it as
         | they wish--including to make money. I doubt there's a big
         | business in selling _only_ public domain works except as
         | perhaps a more curated and easier to use experience. But it
         | certainly makes sense to sell quality public domain works as
         | part of a larger catalog.
        
           | judge2020 wrote:
           | The argument here, I think, is that in 10, 20, 30 years, the
           | site used to host the original PD works will either go
           | offline or otherwise be buried in search results, when Getty
           | et al stay #1 in the search results and charge for the PD
           | work. This is why I largely consider releasing anything under
           | the Public Domain to be a PR stunt; you can achieve the same
           | results by just granting a more permissive license that says
           | "don't resell the work itself, but you may use it as part of
           | any other work for any reason or for personal use"
        
             | Infernal wrote:
             | > The argument here, I think, is that in 10, 20, 30 years,
             | the site used to host the original PD works will either go
             | offline or otherwise be buried in search results, when
             | Getty et al stay #1 in the search results and charge for
             | the PD work
             | 
             | Sounds like Getty et al would be providing a valuable
             | service in that case.
        
               | type0 wrote:
               | > Sounds like Getty et al would be providing a valuable
               | service
               | 
               | What valuable service? they are extortionists -
               | https://onehourprofessor.com/getty-images-demand-letter-
               | gett...
        
               | ghaff wrote:
               | Just because something is in the public domain doesn't
               | mean an unspecified someone is required to bear the costs
               | of hosting it and providing access with a good user
               | experience, metadata, search, etc.
               | 
               | Fortunately, in many cases, organizations like the (in
               | the US) the Library of Congress and non-profits like the
               | Internet Archive do. But no one is required to do so.
               | (Aside from some legal mandates in the case of the LoC.)
        
             | ghaff wrote:
             | So you're basically arguing against anything being in the
             | public domain ever because someone other than the original
             | creator might make money off of it--even if the alternative
             | is for it not to be available at all.
             | 
             | And what does reselling the work itself mean? If I sell a
             | picture book of Colorado that combines these photos with
             | some maps and long captions, is that reselling the work?
             | How about selling prints? That's a value-add service.
        
           | markdown wrote:
           | Getty Images has millions of historical public domain images
           | that they never paid for but charge a $1000 a pop for.
           | They're bottom-feeders. Absolute scum.
        
             | ghaff wrote:
             | So get those images from a different source. They're public
             | domain. If they're not actually available from elsewhere
             | without a lot of work then Getty seems to be providing a
             | service.
        
         | hannob wrote:
         | > How could I, a nobody, 'donate' my photography to public
         | domain? An organization wouldn't give a hoot about me, so are
         | there sites that can 'take' photos and host them as public
         | domain?
         | 
         | Wikimedia Commons, upload them with CC0 as the license. (CC0 is
         | basically public domain, just with some legal language that
         | makes it work in other countries than the US where public
         | domain as a legal concept does not exist.)
        
           | detaro wrote:
           | or archive.org
           | 
           | I forget what the current terms are, but Flickr also had tons
           | of public domain/CC0/CC-licensed images and didnt count them
           | against quota afaik
        
           | porphyra wrote:
           | CC0 is nice but why not CC 4.0 license? It still lets people
           | use it for commercial use but has attribution. That way
           | people can't sell the photo and claim it as their own, for
           | example.
        
         | wartijn_ wrote:
         | Wouldn't it be better to release your photos under one of the
         | Creative Commons licenses (other than cc0) if you don't want
         | those companies to profit of them?
         | 
         | With those licenses they'll at least have to add the copyright
         | notice. You could even disallow commercial use while giving
         | other users the freedom to do with them as they please.
        
           | ghaff wrote:
           | One of the problems with non-commercial clauses is that
           | essentially all non-trivial/non-private uses can be argued to
           | be commercial in some way. There was even a court case a
           | while back that argued having a commercial service reproduce
           | copies of an NC-licensed work was commercial activity in and
           | of itself.
           | 
           | The general opinion of NC licensing is it makes the creator
           | feel good about themselves but doesn't generally let others
           | use the works.
        
             | wartijn_ wrote:
             | Ah, I didn't know that. Thanks for the info.
        
         | Dalewyn wrote:
         | Obligatory IANAL.
         | 
         | You put your works into the Public Domain by explicitly
         | forfeiting or waiving exclusive intellectual property
         | rights[1].
         | 
         | TL;DR: A Public Domain work is a work to which nobody holds nor
         | asserts copyright.
         | 
         | [1]: https://en.wikipedia.org/wiki/Public_domain
        
           | ghaff wrote:
           | Though you're probably better using one of the existing
           | "public domain licenses" as opposed to inventing your own
           | disclaimer. There's CC0 (there's some problematic patent
           | language but that's mostly only a concern with software) and
           | MIT-0. This still doesn't make everything necessarily public
           | domain everywhere in the world but it's the best you can do.
        
         | culi wrote:
         | Wikimedia Commons! You can upload them there directly. The more
         | tags you use the more useful and more discoverable your content
         | will be
         | 
         | I'm a plant Wikipedian for example and am always looking for
         | pictures of lesser known species or even just better photos of
         | species that already have some. Sometimes I also browse
         | iNaturalist (a citizen-scientist platform for making species
         | observations) for observations labelled CC-BY or CC0 so if
         | you're into nature photography, that could also be a relevant
         | platform to check out
         | 
         | I assume you're likely not taking close-up shots of specific
         | species though but any other articles covering semantic
         | concepts presented in your photos may likely benefit from your
         | contributions
        
           | Wistar wrote:
           | This. Over the years, I have donated many automotive photos
           | to wikimedia as public domain, CC0.
        
           | porphyra wrote:
           | I love Wikimedia Commons and have uploaded many photos across
           | the years. But it is a pity that the Featured Picture
           | Candidate process is almost entirely run by a cabal of people
           | who have been there for years and have a rather narrow view
           | of what makes a photo good, as well as poor technical
           | understanding.
        
         | anileated wrote:
         | Is there a license that says "OK for commercial uses except for
         | resell"? CreativeCommons non-commercial doesn't cut it if I
         | were a photographer and wanted to allow using my photos as
         | illustrations in some for-profit newspaper or magazine, or ad-
         | supported blog, etc.--but not to capitalize on reselling them
         | by the likes of Adobe and Getty, which strikes me as low-effort
         | uncreative money-grab.
        
       | ctoth wrote:
       | Nominative Determinism strikes again!
        
       | ThinkBeat wrote:
       | Photos should become available sometimes in the spring.
       | https://www.johnfielder.com/
       | 
       | It also gives him a museum that will often feature some of his
       | work as part of their exhibits.
        
       | jahlove wrote:
       | > Fielder's photography has influenced policy that protects
       | Colorado lands including Congress' Colorado Wilderness Act of
       | 1993, which created 36 federally protected Wilderness areas that
       | amount to 660,000 acres.
        
       | martyvis wrote:
       | "The nature photographer prides himself on having traveled to
       | each of Colorado's 104,984 square miles over the past 40 years"
       | 
       | While I think the only time I've been on Colorado ground was a
       | transfer at Denver airport, I understand it has pretty rugged
       | geography. Is that statement even remotely possible to be true?
        
         | Santosh83 wrote:
         | Yes why not, unless an entire square mile of land was
         | completely inaccessible, setting foot on an inch of it anywhere
         | makes his claim true. According to the article, he was an
         | expert with printed maps, so I'm inclined to believe he
         | accurately mapped his own travels.
        
           | ghaff wrote:
           | That seems correct. A square mile is actually fairly large.
           | It almost certainly means getting well into the backcountry
           | but it doesn't mean having summited every peak.
        
           | sandworm101 wrote:
           | Visited may also include _seen_ or laid eyes upon every
           | square mile. This is a photographer. I visited the Eiffel
           | tower as a kid. I didn 't go inside.
        
             | jebarker wrote:
             | I think he probably means he's seen every square mile. I
             | live in CO and run ultramarathons in the mountains and
             | backcountry here. There are squares miles that are almost
             | certainly inaccessible even on foot due to terrain, grade
             | or property rights.
        
               | TheCondor wrote:
               | I'm a giant fan of John and his work, but I tend to
               | agree. DIA has 50+ square miles and it's basically
               | private. Malone and the Kronkes own some big chunks of
               | land, not sure if they leave them open. There are some
               | places on the western slope, north central to north
               | western Colorado and the in the south east where it could
               | be dry challenging to get to. With forestry support, I
               | think it is possible but not easy. There are probably
               | multiple square miles sections of BLM range in the north
               | east without any real access roads; nothing prevents you
               | from getting there but it'd be a long hike or
               | horseback/atv ride with maybe not a lot of photographic
               | targets.
               | 
               | It sounds like hyperbole, but John is a Colorado legend
               | and if he says it, then I think it is true or shockingly
               | close to being true. He has tons of photographic evidence
               | of being in a lot of fairly challenging to visit places.
        
               | humanizersequel wrote:
               | If anyone could get permission to go on private lands for
               | non-essential purposes like photography, surely it'd be
               | Fielder?
        
               | ghaff wrote:
               | I thought of DIA and it's pretty massive and I'm pretty
               | sure a private individual isn't going to be wandering out
               | by the runways, service hangers, and so forth. And I'm
               | sure there are some huge private ranches as well.
        
               | TheCondor wrote:
               | Plus Rocky Flats. And I'm not sure if the Rocky Mountain
               | Arsenal is completely visitable
        
         | matwood wrote:
         | Square miles is pretty large. ~1/2 of CO is the plains, not the
         | rugged mountains you're thinking of. Still an amazing feat, but
         | one I think can be done.
         | 
         | Another popular thing to do in CO is hike all 58 '14ers' (peaks
         | over 14k feet). I only lived there a couple years, but managed
         | to do 5 without too much planning. An outdoor person, doing
         | outdoor things over 40 years...it makes sense.
        
       | muyuu wrote:
       | that's my wallpapers sorted
        
       | abledon wrote:
       | The Diffusion Algorithms Roar in Hungry Anticipation!
        
       | crackpot wrote:
       | What an inspiring thing to do!
        
       | jl6 wrote:
       | Should be a great source of high quality images for Wikipedia
       | articles.
        
       | Robadob wrote:
       | It's a real shame there's not a built in way to get notified in 6
       | months to check this stuff out. Guess I'll add it to my calendar.
        
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       (page generated 2023-01-29 23:02 UTC)