On Fri, Jul 10, 2009 at 9:44 PM, Thomas Daltonthomas.dalton@gmail.com wrote:
2009/7/11 Andrew Lih andrew.lih@gmail.com:
Yes, and the letter from NPG seems to assert that:
"...we can confirm that every one of the images that you have copied is the product of a painstaking exercise on the part of the photographer that created the image in which significant time, skill, effort and artistry have been employed and that there can therefore be no doubt that under UK law all of those images are copyright works under s.1(1)(a) of the CDPA"
This is where in the US, Bridgeman v Corel established that a "slavish" reproduction of a PD work does not constitute a new work that can be protected by copyright.
We know that isn't the case under UK law, the question is whether the photographs involved substantial investment of resources.
No we don't. The specific matter at hand has never been in front of a court. It's just not clear cut, but it wasn't in the US prior to bridgeman either.
Moreover, Bridgman was also decided the same way under UK law by the US court. While this isn't binding, and may be bunk it does say that someone of nontrivial (although foreign) legal expertise studied the issue carefully and reached a differing opinion.