[Foundation-l] Wikimedian image restorations exploited on eBay

Sage Ross ragesoss+wikipedia at gmail.com
Wed Sep 16 13:03:43 UTC 2009


On Wed, Sep 16, 2009 at 1:51 AM, Robert Rohde <rarohde at gmail.com> wrote:
>
> It is settled case law in the US that restorations are not
> copyrightable as they lack sufficient originality.  The intent is to
> create a slavish copy of the original work.  Even if it takes a great
> deal of skill and judgment to do that, there are insufficient grounds
> for copyright in the US system.
>
> This may not be the case in other jurisdictions (such as the UK) which
> place a greater emphasis on effort in determining eligibility for
> copyright.
>
> -Robert Rohde

What case(s) settled this issue?  I haven't been able to find anything
credible one way or the other, but a number of organizations without
an obvious financial interest in the issue seem to assume that
restorations do create new copyrights.

-Sage



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