Does the Smithsonian have the right to charge for use of its images?

Currently, the Smithsonian (which celebrated its 165th birthday on August 10th) charges fees for any reproduction or use of  images from its collections.  Carl Malamud of Sebastapol, CA, argues that it doesn't have the authority to do so, since government agencies are not allowed to copyright work produced with public money.

Malamud thinks Americans should have similarly free access to reproduce, alter and distribute public-domain images found in the Smithsonian's collection.

“They have these wonderful collections that any teacher should be able to use, or any filmmaker, or any small business,” he said. “It would help spur education, economic activity, and it's just the right thing to do.”

So Malamud went to Washington last week where he met with lawmakers to discuss the issue.

 Teachers and students are among those expected to pay  for using images from the Smithsonian collection for reports and class plans.  If Malamud succeeds, the images will be available free of charge for everyone.