Skip to Content.
Sympa Menu

cc-licenses - Re: [cc-licenses] License , copyright issues

cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • 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:

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.

/Peter Brink




Archive powered by MHonArc 2.6.24.

Top of Page