On 15 December 2015 at 15:32, David Gerard <dger...@gmail.com> wrote:
> The NPG may be *less than delighted*:
> news: http://www.communia-association.org/2015/12/04/1761/
> Are digitised copies of older images protected by copyright?
> Simply creating a copy of an image won’t result in a new
> copyright in the new item. However, there is a degree
> of uncertainty regarding whether copyright can exist in
> digitised copies of older images for which copyright has
> expired. Some people argue that a new copyright may
> arise in such copies if specialist skills have been used
> to optimise detail, and/or the original image has been
> touched up to remove blemishes, stains or creases.
> However, according to the Court of Justice of the
> European Union which has effect in UK law, copyright
> can only subsist in subject matter that is original in the
> sense that it is the author’s own ‘intellectual creation’.
> Given this criteria, it seems unlikely that what is merely
> a retouched, digitised image of an older work can
> be considered as ‘original’. This is because there will
> generally be minimal scope for a creator to exercise
> free and creative choices if their aim is simply to make a
> faithful reproduction of an existing work.
> - d.
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