On 4/10/06, Andrew Gray shimgray@gmail.com wrote:
Photocopying a page of a book is a slavish copy... but you can make a good case that photography of any book as an archival process, or with the intent of producing high-quality images, is a sufficiently difficult process that it passes the minimum-creativity standard.
Difficulty does not equal creativity. In fact, in the Bridgeman case, the argument that they had expended huge amounts of effort to make it look accurate worked against them, because the judge ruled that they were in fact making it as uncreative as possible in the process (the value of the reproduction was in its uncreativity, aka its being a perfect match with the original).
FF