[cc-licenses] License , copyright issues
peter.brink at brinkdata.se
Mon Oct 2 15:31:56 EDT 2006
Terry Hancock skrev:
> Under *US* law, the photographs are "mere reproductions" and cannot be
> copyrighted in themselves (there is some subtlety here -- this is only
> true for flat-on photographic reproductions of work, a photograph of the
> interior of a museum, with paintings on the walls is, of course,
> copyrightable as a new work).
< snip >
> This was decided by a court case only a few years back. I believe that
> German law agrees with the US decision. UK law appears to go the other
> way, but I think it's untested in court.
> Now why does this matter to you in India?
> *Because*, what matters is *what country the photos were taken in*.
> Photos from a US museum, are public domain if the works they depict are
> public domain.
Sorry, but this is not correct. A work that is PD in the US might still
be copyright protected elsewhere. The amount of copyright protection a
work has depends upon where that protection is asserted. This means that
a US museum might claim copyright protection for their photos in (for
example) Sweden, even if those photos lacks copyright protection in the US.
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