Q: Public Domain images - confusing institutional rights of use
The Biodiversity Heritage Library (funded in part by the Smithsonian) has several thousand art images and photographs posted on Flickr, listed as "Public Domain" art. Their terms of use seem to indicate that anyone can use them with no restrictions, but I am confused about whether or not I can download them and replicate them on merchandise to sell. Whose rules apply to re-use: public domain definition, the BHL or Flickr? I have sent a query to the BHL, but their website clearly states that responses to inquiries are dependent on their volunteer staffing, so I don't expect a response this century.
A:
Navigating the rules around public domain images can indeed be complex, especially when institutions like the Biodiversity Heritage Library (BHL) and platforms like Flickr are involved. While the BHL may list images as public domain on Flickr, it's essential to understand the terms of use outlined by both entities. The public domain definition typically means that the images are free for anyone to use without restriction, but it's crucial to verify this information directly with the source.
In this case, it's advisable to carefully review the terms of use provided by both the BHL and Flickr regarding the images in question. These terms will outline any specific requirements or restrictions related to the use of the images, including whether commercial use, such as replicating them on merchandise for sale, is permitted. While the BHL may list the images as public domain, the terms of use provided by Flickr may also apply, so it's essential to consider both sets of guidelines.
If there is any ambiguity or confusion regarding the terms of use, it may be prudent to seek legal advice from a qualified attorney who specializes in intellectual property law. An attorney can review the terms and provide guidance on whether your intended use of the images complies with the applicable rules and regulations. Ultimately, ensuring compliance with all relevant terms and regulations will help you avoid any potential legal issues and allow you to use the images confidently and ethically.
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