Michael: Bridgeman does indeed apply only to photographs, of 2-dimensional works of art.
Furthermore, it was a lower court decision, binding only on the two parties involved in the case. It was not a Supreme Court decision, nor was it legislation. It is a precedent that a future court can consider, confirm or reject. MCN's IP SIG sponsored a panel session called "Life After Bridgeman" at the 1999 conference. The decision's effect on museums was explored; the legal issues were explained by Tyler Ochoa, our resident law professor and legal muse. Amalyah Keshet Head of Image Resources & Copyright Management The Israel Museum, Jerusalem akeshet at imj.org.il Chair, MCN IP SIG www.mcn.edu Blog www.musematic.net ----- Original Message ----- From: <[email protected]> To: "Museum Computer Network Listserv" <mcn-l at mcn.edu> Sent: Tuesday, November 28, 2006 3:41 AM Subject: Re: [MCN-L] When copyright confusion attacks! > > mcn-l-bounces at mcn.edu wrote on 11/27/2006 05:31:09 PM: > >> The only thing I can think of is that if some pieces are recent >> copies, owned by a third party, then the derivatives would be >> copyrighted, right? > > No. See Bridgeman v. Corel, "which ruled that exact photographic copies of > public domain images could not be protected by copyright because the > copies > lack originality. Even if accurate reproductions require a great deal of > skill, experience and effort, the key element for copyrightability under > U.S. law is that copyrighted material must show sufficient originality. " > > The word "photographic" here shouldn't imply that Bridgeman only applies > to > photographs -- it's generally assumed to include all 2-dimendional > artwork. > > http://en.wikipedia.org/wiki/Bridgeman_Art_Library_Ltd._v._Corel_Corporation > > > > -Michael Yunkin > Web Content/Metadata Manager > UNLV Libraries > Las Vegas, NV > _______________________________________________ > You are currently subscribed to mcn-l, the listserv of the Museum Computer > Network (http://www.mcn.edu) > > To post to this list, send messages to: mcn-l at mcn.edu > > To unsubscribe or change mcn-l delivery options visit: > http://toronto.mediatrope.com/mailman/listinfo/mcn-l >
