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Topic: Bridgeman Art Library Ltd v Corel Corporation

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List of leading legal cases in copyright law

	Bridgeman Art Library v. Corel Corp. - Wikipedia, the free encyclopedia
		The case itself was the result of Bridgeman Art Library suing Corel Corporation for making reproductions of high-quality photographic slides that the Library had made from original paintings in the public domain.
		The Library emphasized the effort which went into the production of their slides, though this seems to have in fact hurt their case: the effort expended was to make sure the slides reproduced the originals as exactly as possible (something of value to art scholars and historians), and thus were purposefully devoid of originality.
		The Library also emphasized that under United Kingdom law, such reproductions seemed to be protected by copyright; the Court rejected this as applying to cases under U.S. jurisdictions, and raised doubts as to whether the U.K. attitude towards these reproductions was as legally decisive as was claimed.
	en.wikipedia.org /wiki/Bridgeman_Art_Library_Ltd._v._Corel_Corporation (383 words)

	Corel -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-18)
		In August 2003, Corel was wholly acquired by Vector Capital, a (Wealth available for investment in new or speculative enterprises) venture capital investor, for a surprisingly low price of $1 a share (about the same as the cash in the company).
		In March 2005 Corel announced that the US Justice Dept purchased 50,000 licences of WordPerfect (adding to the worldwide user base of 20 million) and that the WordPerfect was adding 4 million new users per year thanks to bundling deals with Dell Computer.
		Corel Corporation established that exact photographic copies of (Property rights that are held by the public at large) public domain works of art are not (A document granting exclusive right to publish and sell literary or musical or artistic work) copyrightable under (additional info and facts about United States law) United States law
	www.absoluteastronomy.com /encyclopedia/C/Co/Corel.htm (999 words)

	Encyclopedia: Corel
		Corel was forced to lay-off large numbers of employees and Cowpland came under investigation by the Ontario Securities Commission for insider trading.
		Derek Burney is the former president of the Corel Corporation.
		In August 2003, Corel was wholly acquired by Vector Capital, a venture capital investor, for a surprisingly low price of $1 a share (about the same as the cash in the company).
	www.nationmaster.com /encyclopedia/Corel (2108 words)

	Public Domain Art in an Age of Easier Mechanical Reproducibility
		COREL CORP., brought in a U.S. District Court for the Southern District of New York, held that the marketing of photographic copies of two-dimensional public domain master artworks, without adding anything original, cannot constitute copyright infringement when the underlying work is in the public domain.
		When the distribution of reproductions of art works was accomplished with film-based slides, transparencies, and printed images, the harm caused by assertion of rights in images of public domain works to the mission of these publicly supported and tax-benefited institutions was less restrictive.
		Some art museums may generate a significant portion of revenues through commercial licensing of images of works in their collections, and that revenue may be vital for their continued operations.
	www.dlib.org /dlib/november05/hamma/11hamma.html (2921 words)

	Corel - Wikipedia, the free encyclopedia
		It was founded by Michael Cowpland in 1985, who intended it to be a research laboratory ("Corel" is an abbreviation of "COwpland REsearch Laboratory").
		A barrage of new projects, such as Corel Video, Barista (a Java-based office suite), Corel Computer, and Corel Linux, fueled speculation that Corel was trying to reinvent itself but wasn't sure how, or that they were "throwing stuff at the walls and looking to see what would stick."
		Corel R.A.V.E. - Acronym for Real Animated Vector Effects, this is a vector-based animation program comparable to Macromedia Flash.
	www.wikipedia.org /wiki/Corel (889 words)

	Bridgeman Art Library v. Corel Corp. -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-18)
		The decision applies only to two-dimensional images such as (Graphic art consisting of an artistic composition made by applying paints to a surface) paintings.
		Many federal courts have followed the ruling in Bridgeman, though it has yet to be specifically endorsed by the (The highest federal court in the United States; has final appellate jurisdiction and has jurisdiction over all other courts in the nation) Supreme Court.
		Rural, in which it explicitly rejected difficulty of labor or expense as a consideration in copyrightability, seems to have supported the central reasoning behind Bridgeman.
	www.absoluteastronomy.com /encyclopedia/b/br/bridgeman_art_library_v._corel_corp.htm (229 words)

	Template:Flagimage - Wikipedia, the free encyclopedia
		Such flags may be eligible for copyright under certain legislations and are protected by Article 6ter of the Paris Convention (Protection of State Emblems, and Names, Abbreviations and Emblems of International Intergovernmental Organizations).
		Representations of national flags are subject to copyright as original works of art and do not fall under Bridgeman Art Library Ltd. v.
		Corel Corporation's purview as they are not representations of two-dimensional works of art.
	www.wikipedia.org /wiki/Template:PD-flag (183 words)

	BRIDGEMAN ART LIBRARY, LTD. v. COREL CORP., 36 F. Supp. 2d 191 (S.D.N.Y. 1999)
		Nevertheless, on reargument and reconsideration, defendant Corel Corporation's motion for summary judgment dismissing the complaint is granted.
		L.J. 1, 20-21 (1992) (photographic copies of original art photographs taken by the famous photographer, Edward Weston, which were made to "deconstruct the myth of the masterpiece" not copyrightable).
		Lady Bridgeman, plaintiff's principal, testified that the goal of the transparencies is to be as true to the original work as possible.
	www.law.cornell.edu /copyright/cases/36_FSupp2d_191.htm (3747 words)

	RLG DigiNews: Volume 4, Number 2
		Corel responded by arguing, among other things, that the Bridgeman transparencies and digital files were not sufficiently original to be protected under copyright law.
		Ruling in favor of Corel and dismissing Bridgeman's claims, the court found that "substantially exact photographic reproductions" of two-dimensional works of art are not independently copyrightable because they lack the requisite degree of originality required for copyright protection.
		Moreover, Bridgeman does nothing to impact or undermine the separate and independent copyright interest that institutions may have in digital image collections as "compilations." Compilations are works formed by the collection and assembling of pre-existing elements that, standing alone, may not be subject to copyright protection.
	www.rlg.org /preserv/diginews/diginews4-2.html (4528 words)

	Casebook: Jack the Ripper - Message Boards: Sickert's Copyrights & Other Legal Issues
		Corel Corporation, and it went to district court in New York but was not appealed.
		Museums can threaten lawsuits all they like, but it is clear that they have not appealed the Bridgeman vs Corel decision in four years and they will not appeal it in the future because they all know that a higher court will either dismiss their appeal without hearing it or they will lose their case.
		Bridgeman decision, Szczesny stated in his report to the AAM (later published and widely quoted): "This is one of the most relevant copyright decisions for museums in years.
	casebook.org /forum/messages/4922/9505.html (4175 words)

	Canadian rights, exceptions to copyright, rights managment and protection technologies
		(Bridgeman), determined that the more faithful a reproduction of an artwork is to the original work, the less copyrightable it becomes, because such reproductions are not in and of themselves intellectual creations.
		in 1997 introduced specific exceptions to copyright for educational institutions and museums, archives, and libraries, which are exempted from copyright violation if they make a copy of a work in order to manage or maintain their respective collections or carry out limited interlibrary loans.
		Museums, libraries, and archives that are part of educational institutions may avail themselves of all of the exceptions.
	www.chin.gc.ca /English/Digital_Content/Small_Museum/sub2.html (1556 words)

	White Book, Chitty and Archbold, leading law titles from Sweet and Maxwell (Site not responding. Last check: 2007-10-18)
		Corel has opened up a debate as to the protection granted under English law to photographs of artistic works such as paintings or sculptures which are themselves out of copyright.
		This question is of special importance to picture libraries, museums and galleries who exploit such photographs for commercial gain.
		The judge in Bridgeman reconsidered the leading English authority Graves case ((1869) L.R. 715) with what many in the U.K. consider a surprising result.
	www.sweetandmaxwell.co.uk /catalogue/journals/4357/elr0500.html (457 words)

	Corel - Indopedia, the Indological knowledgebase
		Even if WordPerfect were better and marketed strongly, there was simply no compelling reason for existing Microsoft Word users to switch, and new users generally want to be compatible with existing users.
		An equally valid concern was that the WordPerfect acquisition fundamentally changed the nature of Corel itself.
		In August 2003, Corel was wholly acquired by Vector Capital, a venture capital investor, and was voluntarily delisted from the NASDAQ and Toronto stock exchanges.
	www.indopedia.org /Corel.html (685 words)

	Reproduction charging models & rights policy for digital images in American art museums. A Mellon Foundation study ... (Site not responding. Last check: 2007-10-18)
		One museum, charging $250 for new photography, had done strict cost measurements and assessed that the costs of moving an art object to the studio in terms of curator time, photography, accessioning and servicing the request was between $350 and $500.
		A large number of the museums interviewed also stated that none would be prepared to litigate even in clear cut cases and this may have much to do with the blurred lines between unauthorised uses against the license as opposed to a strict breach of copyright.
		There is a distinct sense among many that control of the image use is an important duty to ensure the artist and their art work is treated with due respect and that the museum gains proper credit.
	kcl.ac.uk /kdcs/USart/print/c05.html (7662 words)

	CAA Annual Meeting February 21
		Because some uses, such as those myriad works of art that appear on the internet, have so little effect on the commercial value or the licensing potential of the original work, and those who post them have no means of providing any monetary satisfaction, they are frequently not considered worthy targets.
		The court held, however, that these Bridgeman images -- the originals of which were all works in the public domain -- were merely reproductions, and as such, had no original content of their own.
		Art historians and publishers might wish to extend this principle to apply to the publication of small images of larger works -- especially those images that merely serve to identify the work in question.
	www.studiolo.org /IP/2003NYTM/Baron/BaronFairUseChallenged.htm (7366 words)

	GigaLaw.com: Conflict of Laws Issues in International Copyright Cases (Site not responding. Last check: 2007-10-18)
		A case in point is the 1994 case of Subafilms, Ltd. v.
		This implication was well-illustrated by the interesting development in the 1998 case of Bridgeman Art Library, Ltd. v.
		Corel Corp. in the Southern District of New York.
	www.gigalaw.com /articles/2001-all/yu-2001-04-all.html (1918 words)

	THE BRIDGEMAN ART LIBRARY, LTD (Site not responding. Last check: 2007-10-18)
		Defendant Corel Corporation's motion for summary judgment dismissing the complaint granted.
		Finally, the amicus argues that this result is contraindicated because public art collections in the United [**30] Kingdom charge fees for reproductions of photographic images of works in their collections, thus evidencing their view that the images are protected by copyright.
		For all of the foregoing reasons, the Court is persuaded that its original conclusion that Bridgeman's transparencies are not copyrightable under British law was correct.
	lawschool.stanford.edu /faculty/merryman/law236/bridgman.html (5534 words)

	Encyclopedia: Copyright case law (Site not responding. Last check: 2007-10-18)
		Other cases provide background in areas of copyright law that may be of interest for the legal reasoning or the conclusions they reach.
		Paramount Film Service Ltd [1934] 1 Ch 593 (the Colonel Bogey case - infringement of copyright occurs when "a substantial, a vital and an essential part" of a work is copied, per Lord Slesser (UK))
		Swish Products Ltd [1979] RPC 551 (the basis of copyright protection is that "one man must not be able to appropriate the result of another's labour")
	www.nationmaster.com /encyclopedia/Copyright-case-law (1163 words)

	Nancy Wolff, Law in the USA (Site not responding. Last check: 2007-10-18)
		Because of the volume of photographs contained in most stock libraries, and the prolific nature of photographers, it has always been a challenge for photographers in the US to affectively register their complete works.
		The standard of originality and the Bridgeman Art Library case.
		Corel Corp, the court held that the photograph taken of a work of art that was intended to be "a slavish’ copy of the underlying work, while certainly took skill, was insufficiently original to be copyrightable.
	www.cepic.org /html/budapest/lawusa.htm (3988 words)

	Artquest > The Artlaw Archive > Current Copyright Legislation > Art & Copyright (Site not responding. Last check: 2007-10-18)
		Stokes seeks to ‘broadly’ define ‘fine arts’, by reference to the Concise Oxford English Dictionary, as those ‘appealing to the mind or to the sense of beauty … especially painting, sculpture and architecture’.
		This surprised the visual art community, photographers and picture libraries in particular: the picture library sued a software house for copyright infringement, alleging their unauthorised use of the picture library’s photographs of old paintings (which were themselves out of copyright).
		The court found that the picture library was not entitled to claim copyright in their photographs (of the old paintings) because the resulting transparencies were not ‘original’ (ie the images were substantially derived from the paintings).
	www.artquest.org.uk /artlaw/copyright/artcopy.htm (921 words)

	THE BRIDGEMAN ART LIBRARY, LTD
		L.J. 1, 20‑21 (1992) (photographic copies of original art photographs taken by the famous photographer, Edward Weston, which were made to "deconstruct the myth of the masterpiece" not copyrightable).
		Finally, the amicus argues that this result is contraindicated because public art collections in the United Kingdom charge fees for reproductions of photographic images of works in their collections, thus evidencing their view that the images are protected by copyright.
		The amicus 's suggestion that this Court's holding will deprive public art collections of fee revenue for reproduction of photographs of their works of art more properly is directed to Parliament, which of course has plenary power over the protection available under British copyright law.
	www.corbis.com /professional/copyright/docs/bridge.htm (4030 words)

	List of leading legal cases in copyright law - InfoSearchPoint.com (Site not responding. Last check: 2007-10-18)
		Autodesk v Dyason (No.2) (1993) 176 CLR 300 (the idea-expression divide is the "dominant principle in copyright law" per Mason CJ: "when the expression of any idea is inseparable from its function, it forms part of the idea and is not entitled to the protection of copyright" per Dawson J)
		Computer Edge Pty Ltd v Apple Computer Inc (1986) 161 CLR 171 (test in Exxon for literary work is "not intended to establish a comprehensive or exhasutive definition of literary work for copyright purposes" per Mason and Wilson JJ (Aus.))
		Yumbulul v Reserve Bank of Australia (1991) 21 IPR 481 ("copyright law does not provide adequate protection of Aboriginal community claims to regulate the reporoduction and use of works which are essentially communal in origin" (Aus.))
	www.infosearchpoint.com /display/Copyright_case_law (1044 words)

	NINCH: Copyright Town Meeting 2000
		With the expansion of the World Wide Web, there is increasing divergence between the legal construct "public domain" and the public's perception of the informational domain to which it has free access.
		Corel, with its potential to throw all photographs of art objects into the public domain; aggressive efforts from many quarters to claim proprietary rights where none have been recognized before; and ongoing legislative debate.
		Experts in law and visual resources licensing will speak from a variety of perspectives to the issues surrounding the dissemination of art and the incorporation of previous work into new creations.
	www.ninch.org /copyright/2000/sf.html (500 words)

	Wikipedia talk:Image use policy - Wikipedia, the free encyclopedia
		In principle it might be possible to automate the cataloguing by working backwards, starting from the pages on which the images appear and listing them under the sections these pages fall into in the "browse by subject" index.
		It just occurred to me that this would be really great if images were shared between languages/wikimedia projects: there could be a central image library that was categorised and browsable as a public resource, and which also served as the clearinghouse for images used in articles.
		But asking them to use that loc.gov image might not work, as the Library of Congress might have their own copyright on the file that you're looking at -- or someone who adjusted colors and cropped it might have the copyright.
	en.wikipedia.org /wiki/Wikipedia_talk:Image_use_policy (13191 words)

	3 Verulam Buildings, Barrister's Chambers in London, England
		Royal Brompton Hospital v Hammond (No 8) 88 Con LR Acting for project managers in claim by employer arising out of failed adjudication proceedings.
		Regularly instructed in cases against solicitors, including lender claims, and claims concerning alleged negligence in commercial transactions or in the conduct of litigation.
		Bridgeman Art Library Ltd v Corel Corporation (1998) 36 F. Sup.
	www.3vb.com /pgs-members/m_redwards.shtml (600 words)

	Christine L. Sundt: Papers & Presentations
		What may look like copyright issues on the surface often turn out to be laced with license and contract law as well as property and even personality rights.
		Some of the other images are your own -- shot on site while doing research -- while other came from the web – from websites whose owners you don’t know but who have made access simple and seemingly unrestricted (you can still right-click and download!).
		Corel case disallows copyright protection on factual and exact reproductions of two-dimension artworks that are squarely in the public domain.[
	darkwing.uoregon.edu /%7Ecsundt/howfar.htm (3089 words)

	Welcome to the East Midlands Museums Service web site.
		Victor Gray is the Head of Corporate Records and Archives at N.M. Rothschild and Sons Ltd. He holds the posts of Chairman of the National Council on Archives, the National Networking Policy Group for Archives and has taken the lead in the recent establishment of the regional archives councils in England.
		Bidders are being encouraged to consider the role of culture, leisure (including libraries, museums, the arts and sport) and tourism as an integral part of their programme.
		This awards scheme is designed to recognise and celebrate the achievement of people in the world of arts and heritage, professionally or as a volunteer, and will be chosen for their contribution to the country's cultural and creative wealth.
	www.emms.org.uk /January2000.htm (2500 words)

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