On Wednesday 29 June 2011 03:16 PM, Gautam John wrote:
Very much! A picture of the Mona Lisa is copyrightable. Even if the
painting of the Mona Lisa is out of copyright.

I normally would hold that this is so, and have done so for years.

However, given the recent interpretations by the Delhi High Court of the Supreme Court decision in EBC v. Modak, I'm not so sure any more.

I think it is now arguable that a plain photograph that is meant to merely be a representation of the underlying painting is not "original", lacking "skill and judgment" (or "modicum of creativity", based on which test you believe EBC v. Modak lays down as the test for 'originality').[1]

I doubt any court would grant a scanner copyright over unedited scans.


[1]: While it is not arguable whether EBC v. Modak (INSC) lays down exercise of "skill and judgment" as the test for originality or "modicum of creativity", it is very clear that it squarely rejects the older "sweat of the brow" test.

Pranesh Prakash
Programme Manager
Centre for Internet and Society
W: http://cis-india.org | T: +91 80 40926283

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