[Foundation-l] At least 500 images will have to be deleted from the National Portrait Gallery

Henning Schlottmann h.schlottmann at gmx.net
Thu Jul 24 13:03:21 UTC 2008

Michael Maggs wrote:
> The problem in the UK is that - contrary to what Klaus said - there is 
> now a binding Court of Appeal judgement (Hyperion Records v Sawkin) 
> which makes it very clear that the Bridgeman principle will _not _stand 
> up in a UK court.  You can find details of the UK case law at [[Commons 
> talk:When to use the PD-Art tag#Reply to call for revision 
> <http://commons.wikimedia.org/wiki/Commons_talk:When_to_use_the_PD-Art_tag#Reply_to_call_for_revision> 
> ]].

I strongly deny that Sawkins v Hyperion Records Ltd is by any means 
authoritative to the question of reproductions of 2D works of art. The 
infringed creative rework in that case were so vastly greater than a 
mere reproduction, that I can't believe you even bring it up in our 

The question of originality in the reproduction of 2D images under UK 
law is quoting Michalos (see 
  "presently an open question in English law." On that page I pointed 
out, why I believe we should stand on the side of freedom and public 
domain and cite a UK legal scholar who thinks so as well and has strong 

Ciao Henning

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