File talk:James Bradley by Thomas Hudson.jpg

Public domain

This image is public domain because of age (artist died more than 70 years ago.) Jan Arkesteijn (talk) 22:40, 8 November 2010 (UTC)

Public Domaine for copying the painting. But the digitalised data of the image are falling under the UK database law, and are pirated here. --

Does precedence exist? For the law to apply the Copyright, Designs and Patents Act 1988 s.1(1)(a) requires the database to be original. "Original" for the purposes of copyright means that the database is the author's own work, ie not copied from the work of another party. Is this database copyrightable? It is filled with elements that are not. So if NGP thinks is copyrightable, they can only claim that the database as a complex structure is copyrightable, because the content isn't. Anyway, we did not copy the database as such. This is just an individual non-copyrightable element presented on one of the output channels. Let's just wait for the legal proceedings to finish. Jan Arkesteijn (talk) 09:05, 9 November 2010 (UTC)

It is one of a series of over 3000, a gross theft. For further discussion, see HERE. --Havang(nl) (talk) 09:27, 9 November 2010 (UTC)

But even a collection of 3000 is not "the database". A database is a defined datastructure including a database management system. NPG can not maintain that the database was stolen: neither the datastructure nor the DBMS was copied. NPG made 3000+ non copyrightable elements accessable over the internet to anyone, no more than that. Jan Arkesteijn (talk) 09:55, 9 November 2010 (UTC)

Data from the database were systematically stolen. Sorry, I can not see it otherwise. --Havang(nl) (talk) 13:00, 9 November 2010 (UTC)

The UK database law describes copyright and databaseright concerning databases, not data. It defines a database as a collection of independent works, data or other materials which are arranged in a systematic or methodical way, and individually accessible by electronic or other means. The NGP database was not copied. The NGP images at Wikimedia are stored in a different database that is not compatible with the NGP database. They are a arranged in a systematic or methodical way, but different from the way at NGP. They are individually accessible by electronic or other means, but different from the way at NGP. Jan Arkesteijn (talk) 13:37, 9 November 2010 (UTC)

Diefstal is diefstal.--Havang(nl) (talk) 14:49, 9 November 2010 (UTC)

Even if it's not? Jan Arkesteijn (talk) 20:55, 9 November 2010 (UTC)

PS -see the article in BBC news about this case here: http://news.bbc.co.uk/2/hi/8156268.stm Cholo Aleman (talk) 22:22, 9 November 2010 (UTC)