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

Ilmari Karonen nospam at vyznev.net
Tue Apr 11 09:41:31 UTC 2006


Mark Wagner wrote:
> On 4/6/06, Robth <robth1 at gmail.com> wrote:
> 
>>I didn't have any luck getting an answer to this on the wiki, so I'll
>>try asking here.  I've been using the {{pd-art}} tag for Greek vase
>>paintings I've uploaded, but before I really go hog wild and start
>>uploading these on a large scale I'd like to be sure that this would be
>>a good idea. So, two questions:
> 
> 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.

On the other hand, while that makes sense for pictures of the vases, the 
situation could be different if the pictures Robth is referring to are 
attempts to accurately reproduce the painting _on_ the vase.  In such a 
case, I can't see the curvature of the surface making any difference.

But yes, it's a hairy situation.  I can imagine cases where the answer 
would seem to be obviously yes or obviously no, but most actual images 
probably fall somewhere in the grey area between the two.  In those 
cases, one would have to ask someone who actually knows about these 
things, rather than random IANALs on the net like me.

-- 
Ilmari Karonen



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