At 10:40 AM 9/1/2007, Bob Velke wrote: >If one takes a poor copy of a document (e.g., >because that's all that still exists) and reconstructs an image which >is indistinguishable from the document when originally published, >then that requires original creativity and is covered by copyright, >according to my intellectual property attorney. Some of the newcomers may not know, and some of the oldtimers may have forgotten <g> that you offered this same argument before. Mike Goad's response is here: http://archiver.rootsweb.com/th/read/copyright/2006-03/1142103084 >In other words, your talent in restoring an original doesn't >disqualify you from copyright protection on your creative work. Creative work is always copyrightable, but the Courts have said that technical skill is not. Bridgeman v. Corel: "Only 'a distinguishable variation' -- something beyond technical skill -- will render the reproduction original." Pat
Pat Asher said: >Some of the newcomers may not know, and some of the oldtimers may >have forgotten <g> that you offered this same argument before. Mike >Goad's response is here: Yes, the entire thread is there, including my response to Mike, thanks. >Creative work is always copyrightable, but the Courts have said that >technical skill is not. Bridgeman v. Corel: "Only 'a >distinguishable variation' >-- something beyond technical skill -- will render the reproduction original." If the original no longer exists, then it is difficult to make a legal claim that the image is indistinguishable from it. In any event, the distinguishing isn't limited to what you can perceive with your eyes. If the manipulation of the image involved an element of artistry (and not just technical skill), then there will be evidence of it within the digital image file. The fact that the image looks to you like you imagine the original might have looked is a very weak basis for an argument that no original artistry was involved in its creation. Bob Velke -- No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.484 / Virus Database: 269.13.1/982 - Release Date: 8/31/2007 5:21 PM