Fastfission wrote: > Well, the case you are thinking of is surely Bridgeman v. Corel. ( > http://en.wikipedia.org/wiki/Bridgeman_v._Corel) or something that affirms > it (like the recent Meshwerks v. Toyota). > I understand that at the moment Wikipedia has a rather complicated > determination of whether they use it or not. > > Most of the legal question revolves around whether there is a lot of > creativity in doing a reproduction. There are arguments on either side of > things. Still, I think in the case of Corbis, the fact that at most they are > just putting a photo onto a flat-bed scanner, maybe applying "auto-contrast" > to the results (or doing some other sort of color syncing), ought to > preclude the idea that they are doing anything "creative" in such cases. > > (One thing that has long annoyed me in the discussions about Bridgeman is > that the question is always posed as whether or not the adjustments were > creative enough to generate a new copyright. In my mind this ignores the > question of whether they are creative enough to generate a new copyright > _and thus give the modifier monopoly control over the previous public domain > material_. Moving things from the public to the private domain is a > dangerous game and should only be reserved for truly substantial and > worthwhile efforts to rehabilitate something that would otherwise be fairly > useless -- massive restorations of crumbling things that require an amount > of artistry on par with that which created the restored object in question > -- and not just tweaking the reds and greens a bit, removing a scratch here > or there with the clone tool. In my opinion. But I am neither a lawyer nor a > judge.) The law in this regard has more to do with whether the work is "original" rather than "creative". The distinction may seem somewhat hair-splitting, but that's what law suits are about.
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