[WikiEN-l] Application of the {{pd-art}} tag

Tue Apr 11 17:35:51 UTC 2006

It's not just us who rely on it -- lots of people do -- so I don't
think it's just a case of amateur lawyering. The basic rationale for
Bridgeman v. Corel is in Feist v. Rural (Bridgeman is an application
of the "slavish copying" issue to artwork rather than text, which was
the subject of Feist), which is a US Supreme Court case and on much
firmer grounds. The idea that sheer manpower, but no transformative
effort, creates new copyright claims is fairly strong; the exact
nuances come down to how this translates in the case of, say, a
photograph of a painting (which is the exact issue in Bridgeman v.
Corel), or the more complicated cases like a photograph of a mural, a
stained-glass window, or a collage.

But it is wishful thinking to assume it applies outside the US. It is
an interpretation of US copyright law and has no strict international
implications in and of itself. The US approach to copyrights is in no
means the only conclusion or form of reasoning possible.

FF

On 4/11/06, Jimmy Wales <jwales at wikia.com> wrote:
> Mark Wagner wrote:
> > I am not a lawyer, but IIRC, Bridgeman v Corel only applies to
> > two-dimensional copies of two-dimensional works (though it may apply
> > to three-dimensional copies of three-dimensional works).  The basis of
> > it is that a "slavishly accurate" copy of a work involves no creative
> > effort, and so cannot establish a copyright separate from that of the
> > original.  Photographing a 3D work involves creative effort, in the
> > choice of lighting and camera angle.
>
> Bridgeman v. Corel was a district court case, never litigated at the
> appeals court level, and therefore is not a strong precedent.  It is, as
> far as I have been able to determine, a fairly unusual result not likely
> to be followed by other courts.
>
> Therefore, relying on Bridgeman v. Corel for anything is likely wishful
> thinking.
>
> > Images created and published in the US that are public domain under
> > Bridgeman v Corel are probably public domain everywhere else, as well.
>
> I very much doubt this.
>
> --Jimbo
>
>
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