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The Libyan Secret Service photo archive - questions for Magnum Photos

I was studying the 28 pictures from the Libyan Secret Service photo archive available at Magnum Photos. They are important images but some things about Magnum's hosting and presentation of them raised questions. So I tweeted three questions to Magnum Photos, and got some interesting responses from Magnum and others. Collected here are those tweets and responses. I'll be updating too...

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  2. davidc7
    In July Guardian reported Libyan archive discovered by Peter Bouckaert/HRW and Tim Hetherington http://bit.ly/r39JTY [2/6]
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  3. davidc7
    Similar images on Magnum site as 'Collection T. Dworzak 2011'. Three questions for @magnumphotos... [3/6]
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  4. (The Twitter formatting turned quotation marks into junk, so tweet number three read 'Similar images on Magnum site as "Collection T. Dworzak 2011". Three questions for @magnumphotos... [3/6])

  5. davidc7
    Ethically, should graphic Libyan Secret Service photos be for sale like any other Magnum photo? [5/6]
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  7. My questions were noted on Twitter by, amongst others, duck rabbit, Nick Turpin and Image Rights:
  8. NickTurpin
    I too think this is problematic, I'm surprised Magnum Photos doesn't. via @davidc7 > http://tinyurl.com/5vronqf
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  9. ImageRights
    Surely not. RT @davidc7: Legally, can copyright of Libyan Secret Service photos be assigned to T. Dworzak/Magnum? [6/6]
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  10. Duckrabbit also raised the interesting point that other agencies had attached copyright to images taken by others, and in a post on Syria and social media back in April (http://www.david-campbell.org/2011/04/26/thinking-images-v-15-syria-social-media-photojournalism/), I had noted the same with regard to Reuters distributing social media photos.

  11. duckrabbitblog
    @davidc7 actually we've seen this throughout the war in Libya with screengrabs from youtube vids appear with (c)AFP and Getty
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  12. Duckrabbit then noted that, in copyright terms, Magnum would have a strong copyright defence in terms of public interest. I'm not a copyright expert or lawyer, so that may well be the case, though as we will see below, I think the ethical question remains and is more important. 
  13. duckrabbitblog
    @NickTurpin @davidc7 Magnum has a very strong 'public interest' argument. Hard to believe e a jury would class their actions as a crime.
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  14. Fiona Rogers was good enough to offer a preliminary response:

  15. Fiona_Rogers
    @davidc7 Magnum's production team spent weeks digitising & retouching the archive, as an institution that doesn't receive public funding..
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  16. I think the fact that Magnum has worked with HRW to make these images available for public viewing is important and commendable. 

    However, I don't think the public interest purpose trumps the ethical question in particular.
  17. davidc7
    @Fiona_Rogers Appreciate effort involved and value of visible archive. But think my ethical and copyright questions remain.
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  18. This morning (very early on 13 October) Sophie Wright offered a more detailed response:

  19. wrightsophie
    @davidc7 @fiona_rogers @magnumphotos collaborated extensively with Human Rights Watch in getting Libya work scanned & published...
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  20. wrightsophie
    @davidc7 @fiona_rogers Thomas Dworzak delivered the work to Magnum's editorial Dept & the credit is practical rather than denoting ownership
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  21. wrightsophie
    @davidc7 @fiona_rogers resulting credit practical & pragmatic internal solution for digital library, if confusing externally!
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  22. Two points here - why is the backstory not on the Magnum site with all the details of the HRW collaboration, Tim Hetherington's role and Thomas Dworzk's efforts? Photos need context and this story needs it badly. These details should be at the top of the page with the Libyan photos.

    Second, if the credit is practical, then shouldn't it be something other than "copyright"? The latter clearly denotes ownership, and the credit for the complex production of these images needs to faithfully record who did what and who claims what. Copyright seems to me the wrong term.

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