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Subject: Development of Creative Commons licenses
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- From: Peter Brink <peter.brink AT brinkdata.se>
- To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
- Subject: Re: [cc-licenses] License , copyright issues
- Date: Mon, 02 Oct 2006 21:31:56 +0200
Terry Hancock skrev:
< snip >
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).
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.
/Peter Brink
-
Re: [cc-licenses] License , copyright issues,
Terry Hancock, 10/02/2006
- Re: [cc-licenses] License , copyright issues, Peter Brink, 10/02/2006
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