If I take a photo ...

Started Jan 29, 2013 | Questions thread
Rdefen
Veteran MemberPosts: 3,159
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Re: If I take a photo ...
In reply to tasad, Feb 6, 2013

You're welcome. More than you cared to know:

That case law is actually a total dis at photographers that do fine art reproduction which I don't do, don't know how and assume it takes technical skill and no less effort than many other forms of photography.  But the US Supreme Court has rejected the idea that copyright is based on any measure of effort or skill (so-called "sweat of the brow" theory).

Anyway, I found this for you. It is a report from a symposium called "who owns this image?" It poses the same question you did, who owns copyright in photos of paintings (2-D works).

Among other participants is the Judge that made the ruling in the case rejecting copyright protection for slavish copying of 2-D works.

Sorry for the long link to the report but for reasons unknown to me this board bans tiny urls.

https://docs.google.com/viewer?a=v&q=cache:-XQvQz4x5UUJ:www.artstor.org/news/n-pdf/who-owns-image.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEEShj8zF_1phdAkhXAx6vE3uE0FdtcxzTGSM_2tHUHHR4LPgmC_noXpJGE4POfmhP5sXYivZIzLkcB5Z3lqqIw9asxODSuFutq75DfXC6-aYbwqnWutVdHO1heptceV5i-aBvwvKo&sig=AHIEtbSa7U8p3kJUgQRS6TR6ICS8qHZXnw

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