On Tue, Oct 4, 2011 at 2:09 PM, Ryan Kaldari <rkaldari(a)wikimedia.org> wrote:
On 10/4/11 8:16 AM, Anthony wrote:
If WMF wants to copy *the text* of the scrolls, I
don't think anyone
is going to have a problem with that. The copyright notice claims
copyright "in the digital images of the manuscripts", not in the text.
Well, there doesn't appear to be any basis for a copyright claim on the
images of the scrolls themselves, as neither Israeli law nor American
law recognizes "sweat of the brow".
Anyone have any info on the applicability of Alfred Bell & Co. v.
Catalda Fine Arts, Inc? It may not be "sweat of the brow", but it
sets the "originality" threshold awfully low:
"A copyist's bad eyesight or defective musculature, or a shock caused
by a clap of thunder, may yield sufficiently distinguishable
variations. n24 Having hit upon such a variation unintentionally, the
'author' may adopt it as his and copyright it."
The only valid claim would be on reconstructions of
Is this your professional legal opinion, then?