[Foundation-l] Dead Sea Scrolls

[Anthony]

On Tue, Oct 4, 2011 at 2:09 PM, Ryan Kaldari <rkaldari at 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."

http://www.coolcopyright.com/cases/fulltext/bellcataldatext.htm
http://www.coolcopyright.com/cases/chp2/bellcatalda.htm

> The only valid claim would be on reconstructions of the text.

Is this your professional legal opinion, then?