antiquities


Mitch Allen, a publisher that I greatly respect, commented on my blog posts about Aaron Swartz and scholarly communications in archaeology. His comments got me thinking again about the issue in some depth, and I want to take the opportunity to write about it in preparation for the SAA conference in Hawaii.

Allen thought I was probably overstating the legal issues associated with sharing logins and sharing files to get scholarly publications. Sadly, I don’t think my statements were hyperbole:

  • Sharing logins to gain access to university library systems can involve grave legal risks. It violates the same sort of violations of terms-of-service that made Aaron Swartz face 50 years in prison. For instance, JSTOR’s terms of service (that Swartz allegedly violated in his felony charges) specifically prohibited actions like sharing logins.
  • Sharing papers (mainly in email, but also social networking sites) also carries risks, mainly in civil and not criminal law (but that could change if something like SOPA passes). Mass copyright lawsuits with financially ruinous penalties happen- even involving 100,000 people at a time, including children.
  • Litigiousness has entered the scholarly domain. University presses are suing universities over e-reserves to curtail “fair-use” (limitations in copyright law to allow research, instruction, critique, free speech).
  • Law Prof. John Tehranian published a study where he calculated a jaw-dropping $4.5 billion in potential copyright liability involved in routine academic research and instructional activities over the course of a single year.

I think the evidence is clear that current intellectual property rules carry significant legal risks for everyone. It’s worse for researchers at the margins of the profession who lack their own institutional logins.

Normative Publishing Practices and Antiquities Trading

Network security laws and copyright laws are unjust because they carry such disproportionate penalties. Huge commercial scientific publishers like Elsevier push to further strengthen these draconian laws. Elsevier lobbied in favor of SOPA, a bill that would have made even non-commercial infringement a felony offense. That would have put many routine library activities at risk. Copyright has expanded in scope into a more or less absolute and perpetual property right. No US copyrighted works entered into the public domain last year.

Like it or not (and I don’t), this legal context shapes academic communication and shapes its ethics. Regarding my point about the antiquities trade, yes, that was purposeful polemic to highlight these ethical issues. To expand on this point, if archaeologists only communicate their results as all-rights-reserved intellectual property, they’re clearly engaged in a form of appropriation. The (more or less) absolute (no fair use) and perpetual (de facto unlimited copyright terms) nature of these property rights increasingly excludes all uses, save commercial transactions. Doesn’t that reduce the scholarly record of the past into commodities?

Status quo publishing practices also carry similar destructive externalities as the antiquities trade. In the antiquities trade, only beautiful or rare objects get valued and contextual information is neglected and destroyed because it has no market value. How different is Academia then, when researchers think that only the final polished article or monograph has any value? What happens to all of that rich contextual information that can’t be squeezed into a 10 page paper? While researchers have very different and much more pro-social goals than antiquities traders, publishing incentives and practices clearly need to better align to those goals.

Open Access and Commerce

Lastly, the open access and open data movements are not anti-commercial. The public good that comes from public financing of research means making information resources that can be used commercially. The normative definitions of “Open Data” explicitly allow for commercial uses, as do open access publishers like PLoS. With Open Context, we happily work with commercial publishers to try to build incentives for the better treatment of primary data.

While Open Data and Open Access are not (usually) anti-commercial, these movements are anti-monopoly. They grew in response to the increasing absurdities of global intellectual property regimes that perpetuate monopolies of big media conglomerates. My objection to the status quo is not that publishing involves commerce, I object to fact that we’re largely failing to make any public goods (despite public funding), since the vast majority of academic communication happens in a monopolistic and exclusionary way.

Getting Past the Dysfunctional Status Quo

Something is obviously very screwed-up when university presses sue universities over e-reserves and many researchers lack the means to legally participate in their discipline’s communications. I don’t think the current situation works to anyone’s interest, except for large conglomerates like Elsevier. It certainly doesn’t help small publishers like Left Coast Press, since the cost escalations of the big commercial science publishers mean less budget to buy humanities and social science books (as eloquently noted by Cathy Davidson). It is self-defeating for archaeology’s professional societies to fight (or avoid) open access, since they are simply helping to perpetuate cost-escalations in the areas of scientific publishing (chemistry, biology, computer science) that university administrators prioritize over the humanities and social sciences. Our professional societies need to consider this larger economic reality when determining their positions on open access.

The work of publishers like Mitch Allen are important to the health of archaeology. His efforts add value and quality to archaeological communications. I am very open to debate about what constitutes the right balance between public and private in archaeology’s information resources and also a debate about how we finance quality publishing. However, I stand by my point that our current policy of investing almost nothing in public (open) information resources hurts our discipline and puts many of its practitioners in legal jeopardy.

UPDATE

Lawyers at the Electronic Frontier Foundation just posted a piece about the issues of felony violations of terms of service. Look at Point 4, substitute Pandora with JSTOR or a university library and you’ll see how all this applies to scholarship. See also this discussion of library licensing terms, since:

It is, however, very clear that licensing terms, which govern an increasingly large proportion of our collections, are a fundamental issue in the present and future usability of library resources by our campus populations.

 

 

DDIG member Ethan Watrall (Asst. Professor of Anthropology @ MSU) sends us the following information about his upcoming Cultural Heritage Informatics (CHI) field school, which is part of the CHI Initiative at Michigan State University.

Excerpts quoted. For full details, please see this PDF LINK.

Site Link:<http://chi.matrix.msu.edu/fieldschool> Email:watrall@msu.edu

We are extremely happy to officially announce the Cultural Heritage Informatics Fieldschool (ANP491: Methods in Cultural Heritage Informatics). Taking place from May 31st to July 1st (2011) on the campus of Michigan State University, the Cultural Heritage Informatics Fieldschool will introduce students to the tools and techniques required to creatively apply information and computing technologies to cultural heritage materials and questions.

The Cultural Heritage Informatics Fieldschool is a unique experience that uses the model of an archaeological fieldschool (in which students come together for a period of 5 or 6 weeks to work on an archaeological site in order to learn how to do archaeology). Instead of working on an archaeological site, however, students in the Cultural Heritage Informatics Fieldschool will come together to collaboratively work on several cultural heritage informatics projects. In the process they will learn a great deal about what it takes to build applications and digital user experiences that serve the domain of cultural heritage – skills such as programming, user experience design, media design, project management, user centered design, digital storytelling, etc. …

The Cultural Heritage Informatics Fieldschool is open to both graduate students and undergraduates. There are no prerequisites (beyond an interest in the topic). Students from a wide variety of departments, programs, and disciplines are welcome. students are required to enroll for both sections 301 (3 credits) and 631 (3 credits) of ANP 491 (Methods in Cultural Heritage Informatics).

Admission to the Cultural Heritage Informatics Fieldschool is by application only.

To apply, please fill out the Cultural Heritage Informatics Fieldschool Application Form <http://chi.matrix.msu.edu/fieldschool/chi-fieldschool-application>. Applications are due no later than 5pm on March 14th. Students will be notified as to whether they have been accepted by March 25th.

Another country, same upheaval, same “opportunities” for looting of archaeological patrimony (sites, museums, storage facilities): after Iraq, now it’s Egypt’s turn. Hopefully, this will only be an unfortunate but short-lived episode. A specialized Facebook group has been started to attempt to gather news, Restore + Save the Egyptian Museum!, an upgrade from the Iraqcrisis mailing list approach—in 2003, Facebook wasn’t yet the mass phenomenon it is now. Also, an ad hoc website, Egyptological Looting Database 2011, has been thrown up to try to keep track of what (and to which extent) we know about looting in different regions of the country. Compared with The Iraq War & Archaeology, this site endeavors to be a bit more systematic. I applaud all initiatives. Again, my sincerest hope is that all this will prove to be “overkill” but history has taught us to be prepared for the worst.

WikiLeaks is all the rage nowadays—that is, if you can actually reach it online. One good thing, the term “wiki” is now surely well known if probably still not really understood by the general public. I hoped that the cache of documents dealing with the Iraq War might provide some insights regarding the plight of the archaeological heritage of Iraq and esp. the way US and Iraqi authorities and law enforcement might have dealt with it. The search function on the wikileaks.org site though seems disabled, I guess the denial-of-service attacks are taking their toll. Fortunately, some people were able to get some relevant information before the DoS attack:

  • Larry Rothfield (U. of Chicago), ”Wikileaks Provides Evidence Linking Illicit Iraqi Antiquities to Weapons Sales,” in The Punching Bag blog:

More proof, on top of what Matthew Bogdanos has reported, that looted antiquities were part of the revenue stream for the same folks that were/are supplying weapons to insurgents in Iraq: (FRIENDLY ACTION) RAID RPT : ___ INJ/DAM

The actual text of that document is:

(FRIENDLY ACTION) RAID RPT : %%% INJ/DAM  —  2007-12-07 00:00:00  —  A FORCE FROM THE NATIONAL SECURITY ALONG WITH A FORCE FROM THE CRIMINAL %%% ONE OF THE HOUSES AFTER RECEIVING SOME TIPS THAT THEIR IS SOME ILLEGAL %%% ( SELLING WEAPONS AND ANTIQUES) THE HOUSE LOCATED AT %%% KUT – BAGHDAD %%% ROAD THEY ALSO FOUND A , %%% ,FOUR MORTAR , AND TWO GRENADES FOR ATTACKS.THEY ALSO CAPTURED %%% SUSPECTS.

  • Larry Rothfield (U. of Chicago), ”More from Wikileaks on Looted Antiquities Recovered in Operations Against Insurgents,” in The Punching Bag blog:
… there are 1020 documents in the WarLogs that mention smuggling (and many of these are duplicate reports, so the actual number of anti-smuggling operations is probably closer to 500); that is out of a total of almost 392,000 total reports posted to WarLogs. The total number of reports in which antiquities are reported found together with weapons, then, is very low, in the neighborhood of 1-2% (only 6 or so out of something like 500 smuggling incidents).
… the WarLogs do not contain all reports made during the war; missing are reports of smuggling of any kind before 1/1/2004.
2004-10-28 23:40:00  —  … The INFO-OPS, which started yesterday, carried out by Task force MSU joint with provincial archaeological local guard in , , %%% and %%% (located north west of ( %%%)) ended this morning. The op. Aim was to oppose and repress the illegal trade of archaeological stolen finds in %%% province. As result of the op. several vases, statues and tools dated %%% bc. All finds were given to archaeological authority of %%%.
2005-06-03 11:14:00  —  … AND 31X ARTIFACTSRECOVERED. ARTIFACTS WERE STOLEN FROM THE BAGHDAD MUSEUM.
  • Owen Jarus, “Statues, Vases and 120 mm Rounds – Wikileaks documents tell harrowing stories of Iraq’s antiquities,” in Heritage Key:
The documents indicate that the Iraqis took great risks to protect their past. On November 2, 2008 officers from Iraq’s “Antiquities Protection” service participated in a dangerous operation in Karbala. Working with the “Establishment Protection” service, they “found and cleared” a weapons cache containing an astounding amount of firepower.
One of the documents reveals that on February 19, 2004 an entire missile was found at an archaeological site. …

I was able to access one more document not yet mentioned, for what it is worth:

RAID BY WOLF BDE IN BAGHDAD(ZONE ): %%% DET, %%% INJ/DAMAGE  —  2005-07-18 23:50:00  —  %%%, WOLF BDE CONDUCTS RAID TO DETAIN AIF %%% FOR STEALING ANTIQUES VALUED AT -,%%%. MISSION COMPLETE: %%% DETAINED AND ANTIQUES RECOVERED NO INJ/DAM

Others mused on the topic and related issues touching on archaeological research:

  • Colleen Morgan (UC Berkeley), ”Wikileaks, Radical Transparency, and Archaeology,” in the Middle Savagery blog:

Sadly, [my students'] eagerness to interact with these past materials is often met with serious resistance from the local archives. While the individual archivists may be sympathetic, the archive often has stipulations that the materials cannot be shared. At all. This mystifies and frustrates the students, and this makes me both sympathetic (I have been through this constantly during my tenure at UC Berkeley) and grimly determined. I truly believe that institutions that house collections need to make these collections available to the public that pays for them. Period. The students can sense this and it leads to a process of negotiation in the classroom.

Don’t know what I’m talking about? The Getty museum is talking about destroying their collection of 100,000 study slides. Why? Because when they decided to digitize them several years ago, they discovered that the original vendors who sold them the slides made the Getty promise to never scan them. They don’t have slide projectors anymore and the last time a slide was checked out was a year ago. The only thing they can do is trash them. They will probably do it.

Finally, here’s one more article referencing one of the documents from the diplomatic cables cache on WikiLeaks that has archaeological importance:

  • Giles Tremlett, “WikiLeaks cables: Art looted by Nazis, Spanish gold and an embassy offer. Spain rejected attempt to tie together claim on coins found by US firm and row over painting in Madrid museum, cables show,” in The Guardian:

In a conversation with the Spanish culture minister, César Antonio Molina, the US ambassador in Madrid, Eduardo Aguirre, sought to tie the treasure found off the Iberian peninsula by Odyssey together with attempts by an American citizen, Claude Cassirer, to recover a painting by Camille Pisarro that hangs in a Madrid museum. ”The ambassador noted also that while the Odyssey and Cassirer claim were on separate legal tracks, it was in both governments’ interest to avail themselves of whatever margin for manouevre they had, consistent with their legal obligations, to resolve both matters in a way that favoured the bilateral relationship,” the embassy reported in a cable on 2 July 2008. The offer was made after the Spanish government claimed ownership of half a million gold and silver coins found on the floor of the Atlantic Ocean by Odyssey’s underwater robots. The company had provoked Spanish fury by landing the treasure at Gibraltar and flying it straight to the US. … Molina refused to tie the Odyssey case to the Pisarro painting, …

Spain claims that the Black Swan treasure find comes from a Spanish galleon, the Nuestra Señora de las Mercedes, which sank off Portugal’s Algarve coast in 1804. The vessel had just returned from Montevideo when it was attacked by four Royal Navy ships, and was carrying half a million coins that had been minted in Peru. Descendants of the 249 Spanish sailors who went down with the ship joined the Spanish government’s case against Odyssey in a court in Altanta, Georgia. The court ruled that the cargo belonged to Spain; Odyssey has appealed.

The leaked cables reveal that the US embassy had the previous year handed over to Spanish authorities the customs documents filed by Odyssey when it flew its hoard of coins into the US in mid-2007.

Jack Sasson draws my attention to the website of Factum Arte, an organization working with museums and other institutions on the production of 3D facsimiles of artifacts, structures, etc. that can be used for conservation and documentation purposes. They also prepare facsimiles for exhibitions. Especially interesting are their archaeological projects:

Wallada's box
SETI I Seti I Thutmose III
A facsimile of Princess Wallada’s Box
Madrid 2010

Commission by
The Conjunto Arqueológico
Madinat al-Zahra

Work in the tomb of Tutankhamun
Madrid 2009

Recorded in Luxor,
Valley of the Kings

pdf report available

Facsimile of a section of Burial chamber from
the tomb of Seti I

Madrid 2003

Recorded in Luxor,
Valley of the Kings

pdf report available

2nd pdf report available

Facsimile of
Thutmose III´s tomb

Madrid 2004

National Gallery of Art in Washington and other venues in USA & Europe

Asurnasirpal II
Dama de Elche
Facsimile of the Asurnasirpal II´s
Throne Room
.
Madrid 2006
The British Museum, Pergamon Museum, Princeton Art Museum, Harvard Scakler Art Museum and Dresden Museum
Facsimile of the
Dama de Elche

Madrid 2004

Commission by
Museo Arqueologico Nacional
and MARQ

pdf report available

One of the Neo-Assyrian winged lions from Nimrud at the British Museum assembled prior to moulding. The winged human headed lion is over 3 meters tall. It has been assembled with the carved carpet piece, also from the British museum.

In the New York Times, an article discusses how the “Venerable British Museum Enlists in the Wikipedia Revolution.’ Have you looked at what Wikipedia says about your project/museum/archaeological site/etc. as of late? If you think it is inadequate, consider doing what the BM is doing: collaborating with Wikipedia to ensure that its huge readership—admit it, it hasn’t been very long since you last consulted it too, right?—gets the correct information. After all, “‘[t]en years ago we were equal, and we were all fighting for position,’ Mr. Cock [BM webmaster] said. Now, he added, ‘people are gravitating to fewer and fewer sites. We have to shift with how we deal with the Web.’”

In other words, if you can’t beat ’em, join ’em. Once criticized as amateurism run amok, Wikipedia has become ingrained in the online world: it is consulted by millions of users when there is breaking news; its articles are frequently the first result when a search engine is used. This enhanced role has moved hand in hand with Wikipedia’s growing stability (some would say stagnation). With more than three million articles in English alone, there are fewer unexplored topics, and many of the most important articles have been edited thousands of times over a number of years. All of this means that in today’s Wikipedia there is renewed value in old-fashioned expertise, whether to provide obscure details to articles that have already been carefully edited or to find worthy topics that haven’t been written about yet. Mr. Cock, for example, estimated that there were thousands of British Museum objects (among the eight million total) that would be worth their own Wikipedia articles but don’t have them.

What unites them is each organization’s concern for educating the public: one has the artifacts and expertise, and the other has the online audience. Dividing them are issues of copyright and control, principally of images. Wikipedia’s parent, the Wikimedia Foundation, is strongly identified with the “free culture movement,” which generally holds that copyright laws are too restrictive. The foundation hosts an online “commons” with more than six million media files, photos, drawings and videos available under free licenses, which mean they can be copied by virtually anyone as long as there is a credit. That brought Wikipedia into a legal tussle with another prominent British institution, the National Portrait Gallery, when high-resolution copies of paintings from its collection were uploaded to the commons. A Wikipedia volunteer had cobbled the copies together from the gallery’s Web site, justifying his actions by noting that the paintings involved were no longer under copyright. Both the portrait gallery and the British Museum generate revenue by selling reprints and copies of pieces in their collections.

[note: follow-up in the next post]

I’m a bit confused. The National Treasures website, set up by the Israel Antiquities Authority, provides a gallery and info: “This on-line site offers a selection of published artifacts from the collections of the National Treasures and is available for researchers, curators, students and the general public in Israel and abroad. This site is updated continuously, and new artifacts are added on a regular basis.” So far so good. However, when you dig down to an actual artifact page, this is what jumps out:

There are two links for “Purchase”? Fortunately, when I clicked these, nothing happened, the page stayed the same. Still, is the IAA in the antique dealing business now?

Correction: As Mark and Catherine were kind enough to point out, the entry page of National treasures actually does state: “The artifact’s information card presents detailed archaeological data about the selected artifact, including provenance, type, dimensions, material, site where discovered, dating and bibliography. In addition, hi-resolution images of on-line artifacts may be purchased on-line from the photographic archives of the Israel Antiquities Authority.” I am sorry for any confusion I may have caused. Just goes to show that it isn’t always a good idea to write blog posts (very) late at night…

The Brooklyn Museum continues to push the envelope:

“When it comes to progressive, public-friendly copyright policies, few art museums can match The Brooklyn Museum. In 2004, it was the first art museum to adopt a Creative Commons license, allowing any non-commercial copying of any image in which the museum holds the copyright. In 2008, it was the third institution to join the Flickr Commons, making available high-resolution images of Public Domain artworks from its collection. Last week, the musuem published the detailed copyright status of every image in its online collection–that’s over 12,000 artworks–and made this information available through its API so that anyone can easily cross-reference the data with their own copyright research. It also switched to a less restrictive Creative Commons license, allowing non-commercial remixing as well.” (Jonathan Melber in The Huffington Post).

The museum possesses many archaeological artifacts from the Middle East, Latin America, etc. Here’s an example:

Bahía. Seated Figure, 500 B.C.E.- 500 C.E. Clay, post-fire pigment, 17 3/4 x 13 1/4 x 8 1/4 in. (45.1 x 33.7 x 21.0 cm). Brooklyn Museum, Gift of Mr. and Mrs. Tessim Zorach, 88.57.7. Creative Commons-BY-NC

Bahía. Seated Figure, 500 B.C.E.- 500 C.E. Clay, post-fire pigment, 17 3/4 x 13 1/4 x 8 1/4 in. (45.1 x 33.7 x 21.0 cm). Brooklyn Museum, Gift of Mr. and Mrs. Tessim Zorach, 88.57.7. Creative Commons-BY-NC

Cultural Heritage – A UKOLN Blog for the Cultural Heritage Sector discusses how a local UK museum has used Google Books to create an online version of its library. “The Wiltshire Heritage Museum library has just gone online with a full digital library created in just 5 months using the Google Books service. The Library has been collecting books about the history, environment and archaeology of Wiltshire for over 150 years, and has many rare and important books in its collection of over 8000 volumes. … Without Google, it would have cost tens of thousands of pounds, buying a computer system, exhaustive data entry and only a few of the books could have been scanned electronically.” A practical example perhaps?

The Art Newspaper of 4-17-09 has an interesting article on an archaeological issue in Indonesia that has reached the highest level of government. It’s not everyday you see a minister apologize about disrespecting an archaeological site. There is hope after all! See the article for details.

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