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by zerocrates
2336 days ago
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The usual touchstone case in this area in the US is Bridgeman v. Corel, which came down on the side of "no copyright" for these kinds of reproductions: https://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel.... That's an appeals-court level decision so there's some wiggle room to claim that the rule on reproductions isn't totally settled. UK law is a little different and, to my knowledge, somewhat less hostile than US law to a "sweat of the brow" argument about the labor and skill required to produce something possibly bringing about copyright protection. Still, my understanding is that the current situation in the UK is much the same as in the US. Regardless, it's still fairly common for museums and archives in the US and UK to assert copyright in scans and reproductions they produce, even if they generally don't ultimately follow through in court. There was a high-profile dust-up between the National Portrait Gallery of London and a user who was uploading high-resolution images to Wikimedia Commons, which resulted in much saber-rattling but no actual case. Simply making the content unavailable and requiring agreement to a contract or set of terms seems to be the main method currently in use for these institutions to try to maintain their revenue streams from reproductions. |
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