[WikiEN-l] Application of the {{pd-art}} tag

[Jimmy Wales]

Mark Wagner wrote:
> I am not a lawyer, but IIRC, Bridgeman v Corel only applies to
> two-dimensional copies of two-dimensional works (though it may apply
> to three-dimensional copies of three-dimensional works).  The basis of
> it is that a "slavishly accurate" copy of a work involves no creative
> effort, and so cannot establish a copyright separate from that of the
> original.  Photographing a 3D work involves creative effort, in the
> choice of lighting and camera angle.

Bridgeman v. Corel was a district court case, never litigated at the
appeals court level, and therefore is not a strong precedent.  It is, as
far as I have been able to determine, a fairly unusual result not likely
to be followed by other courts.

Therefore, relying on Bridgeman v. Corel for anything is likely wishful
thinking.

> Images created and published in the US that are public domain under
> Bridgeman v Corel are probably public domain everywhere else, as well.

I very much doubt this.

--Jimbo


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