Most images the Smithsonian is selling, including photos of artifacts and historic figures, are not protected by copyright, Malamud said. But the Smithsonian site carries copyright notices and other warnings that would discourage most people from using historic images that should be publicly available, he said.
The bigger issue:
Malamud testified last year in Congress against the Smithsonian’s long-term television deal with Showtime Networks because he said it could restrict public access to the national museums’ archives. He is also critical of other Smithsonian business deals, calling them “privatizing of the archives.”