March 31, 2022

"There is no legal prohibition on Mr. Trump assembling and publishing photographs that a White House staff member took during his tenure; under federal law, those photographs are considered in the public domain..."

"... and not subject to copyright. There is a public Flickr account, now managed by the National Archives, that has 14,995 photos from the Trump White House, a third of them listing Ms. Craighead as the photographer."

And that's the main thing you need to know, squirreled away in the 16th paragraph of "She Took the White House Photos. Trump Moved to Take the Profit.The former chief White House photographer made plans to publish a book of Trump photos. The former president had other plans" (NYT).

We, the People own these photographs. Go ahead, go into that Flickr account and pick out whatever you like and make a book! It's perfectly free. It's in the public domain!

Were they really this desperate for another get-Trump story? I was almost too jaded to write this. Ridiculous!

ADDED: Why say "considered in the public domain"? They are in the public domain!

19 comments:

Mike of Snoqualmie said...

She could do the same thing. It's the selection, commentary and the actual paper that they are printed on that adds the value. She's just mad that someone else is doing it instead of her.

Readering said...

If accurate, the tawdry part was her going to him to supply a forward, after she had a contract, and his office responding by first demanding big bucks for a forward, then him quickly contracting for his own book and them telling her a no compete agreement now prevented him from providing a forward for hers. RIDICULOUS. But now that this story is in the works he calls her and says, how about a forward for your book. It will be great!

Meanwhile it's reported that the profits from a similar book for Dubya's presidency went to his presidential library.

I enjoyed the story. Thanks for publishing!

John henry said...

10-15 years ago there was a big Supreme Court copyright case. I have a personal stake in copyright law and I followed the case and copyright law pretty closely.

I think they may be saying "considered public domain" because there some vagueness as to what is/can be PD.

For example, if I wanted to make my Packaging Machinery Handbook public domain, I could publish a notice to that effect, register pd status with LOC and jump through some other hoops.

And 15 years from now I might be able to successfully sue someone who republished it relying on that to republish a copy.

Our copyright law is totally fucked.

NB:The packaging Machinery Handbook is NOT, NOT, NOT, public domain. Purchase a legit copy via the portal

John LGBTQBNY Henry

Ann Althouse said...

“ I think they may be saying "considered public domain" because there some vagueness as to what is/can be PD.”

It’s not vague. It’s explicit in the statute.

Ann Althouse said...

This category, I mean. It’s not about publication date but the way it was done for the govt.

rcocean said...

When did the "explicit meaning of the statute" mean anything? It all depends on what some Trump hating judge THINKS. There's no reason why some Leftwing Judge can't decide the statute that gives Trump the right to use the photos is UNCONSTITUTIONAL or conflicts with some othe statue and therefore the photos are NOT in the public domain.

Show me abortion in the constitution. Tell me the people who drew up the 14th or 13th admendment would ever have agreed it forbade outlawing abortion. I just use that as the ready example of judge twisting words to mean anything they want it to mean.

So who knows. Maybe Trump's book will have to be withdrawn. it all depends on what a judge thinks. Assuming someone sues.

readering said...

Perhaps the humble non-lawyer reporter had consulted a reference work, such as the University of California website on Copyright. Quote:

The public domain
No permission is needed to copy or use public domain works. A work is generally considered to be within the public domain if it is ineligible for copyright protection or its copyright has expired.

Narr said...

Foreword. Fore-word. Not forward.

In library school the first rule of Gov Pubs is THERE IS NO COPYRIGHT. Anyone is welcome to try to make money republishing the O.R., or the WWII Army Green Book histories, for instance.

gadfly said...

Readering said...
Meanwhile it's reported that the profits from a similar book for Dubya's presidency went to his presidential library.

Obviously the George W. Bush Presidential Library is not owned by Dubya although a non-profit foundation using his name raised the money to build the library on the SMU campus. Memorabilia in the library was provided by the government and by private donors.

Trump is a grifter - always seeking ways to cheat in order to scoop up loose cash. Hell - he even used his Big Lie about winning in 2020 to raise amazing amounts of money from his supporters which ended up in his pockets.

gadfly said...

Althouse: "Were they really this desperate for another get-Trump story? I was almost too jaded to write this. Ridiculous!"

I agree. Lets get off this horsepucky and get onto serious concerns about the illegal alteration of White House phone logs and "burner" phones use that Trump (so to speak) knows nothing about whatsoever. After all, seven and a half hours of unreported telephone usage is 25 times longer than Rose Mary Woods and the Nixonites could erase from her tapes. And a Capitol coup attempt is far more serious than a Watergate robbery.

Oh, sorry, that was another of the "get-Trump" stories. But nobody can stop him as long as he is permitted to walk free by the GOP.

Critter said...

The point of the article was not to make sense. It was to provide the daily 2 minutes of Trump hate for those with a high level of TDS. A few years from now this lie will be used by a MSM anchor as one of the reasons to hate Trump. At least TDS infected media scribes are practicing recycling.

Christopher B said...

gadlies

Lets get off this horsepucky and get onto serious concerns about the illegal alteration of White House phone logs and "burner" phones use that Trump (so to speak) knows nothing about whatsoever.


(H/T Steve Hayward, PowerLine) Like so many previous Trump scandals, this one has fallen apart too, though rather more quickly than many of the others, like the Russia collusion narrative. None other than CNN is walking it back:

Official review of Trump phone logs from January 6 finds record is complete

The mystery of the seven-hour gap has fueled furious speculation as to why calls are missing. That includes allegations that Trump was using “burner phones” (which he has denied) or that the logs were purposely suppressed.

The six pages of White House switchboard logs for January 6, 2021, are completely based on an official review of White House records, according to a source familiar with the matter. There are no missing pages and the seven-hour gap is likely explained by use of White House landlines, White House cell phones, and personal cell phones that do not go through the switchboard.

A former White House staffer who served in the Obama administration told CNN that if then-President Barrack Obama wanted to make a call to someone from the Oval Office, he would normally ask an aide seated nearby to dial the person. The aide would then call the number and hit transfer to connect the caller to the President.

That call would not go through the White House switchboard and therefore would not be recorded on the White House switchboard log, the former staffer said.

Curious George said...

"Why say "considered in the public domain"?"

You know why.

Eleanor said...

Government produced public domain materials are a treasure trove for teachers. Photos, videos, written materials on a myriad of subjects. On the other hand, PBS charges an arm and a leg for the rights to use their creations in the classroom.

GRW3 said...

A little known facet of copyright law allows the government to grab any photograph they want for use in publications without compensation. If they find an image they like, they just use it.

Achilles said...

gadfly said...

Althouse: "Were they really this desperate for another get-Trump story? I was almost too jaded to write this. Ridiculous!"

I agree. Lets get off this horsepucky and get onto serious concerns about the illegal alteration of White House phone logs and "burner" phones use that Trump (so to speak) knows nothing about whatsoever. After all, seven and a half hours of unreported telephone usage is 25 times longer than Rose Mary Woods and the Nixonites could erase from her tapes. And a Capitol coup attempt is far more serious than a Watergate robbery.

It takes a really really stupid person to fall for this type of thing.

Especially since that story fell apart within hours.

But there are a lot of stupid people like Gadfly out there obviously.

RMc said...

She Took the White House Photos. Trump Moved to Take the Profit.

1. Get elected President.
2. Take lotsa pix.
3. ???
4. Profit!

farmgirl said...

“But nobody can stop him as long as he is permitted to walk free by the GOP.”

Dude- it’s a free country.
So far.

We are all permitted to walk free…

Narr said...

I was wondering when the GOP got powers of arrest.