[Clipart] clipart Digest, Vol 60, Issue 40

[John Olsen]

On Mar 24, 2009, at 2:45 AM, clipart-request at lists.freedesktop.org  
wrote:

> ------------------------------
>
> Message: 9
> Date: Tue, 24 Mar 2009 01:46:23 -0700
> From: Greg Bulmash <oneminuteinspirations at gmail.com>
> Subject: Re: [Clipart] Karen's Whimsey
> To: clipart at lists.freedesktop.org
> Message-ID: <49C89DDF.1050407 at gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
>
> If I understand it correctly, she's saying that she owns the scans she
> made and that you have to respect her ownership of the scans, not the
> art.  If you want to redistribute the art, you have to hunt down the
> sources yourself and do your own scans.
>
> If I'm not misinformed, she's within her legal rights to impose that
> restriction and it's not incompatible with PD because it relates to  
> the
> scans themselves, not the PD artworks.
>
>
> - Greg

That would have no weight in US Courts.  From Wikipedia:

"Faithful reproductions of two-dimensional original works cannot  
attract copyright in the U.S. according to the rule in Bridgeman Art  
Library v. Corel Corp. "  The Florida University I posted earlier  
would argue they reconstructed a new image through scanning, editing  
and cleanup.  Perhaps that argument is hers as well.  I could make  
such an argument on many of the images I add here as I add and remove  
details and clean them up to look their best.

John Olsen