It's not just us who rely on it -- lots of people do -- so I don't think it's just a case of amateur lawyering. The basic rationale for Bridgeman v. Corel is in Feist v. Rural (Bridgeman is an application of the "slavish copying" issue to artwork rather than text, which was the subject of Feist), which is a US Supreme Court case and on much firmer grounds. The idea that sheer manpower, but no transformative effort, creates new copyright claims is fairly strong; the exact nuances come down to how this translates in the case of, say, a photograph of a painting (which is the exact issue in Bridgeman v. Corel), or the more complicated cases like a photograph of a mural, a stained-glass window, or a collage.
But it is wishful thinking to assume it applies outside the US. It is an interpretation of US copyright law and has no strict international implications in and of itself. The US approach to copyrights is in no means the only conclusion or form of reasoning possible.
FF
On 4/11/06, Jimmy Wales jwales@wikia.com wrote:
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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