Quote:
Originally Posted by elcreative
There is copyright in the reproduction by image... it is owned by the image producer...
If I transcribe an out-of-copyright text then there is no problem but if I photograph/photocopy the actual pages of a manuscript then I have the copyright in the actual photographs/scans and I can approve the use in a book but if nobody asks there may be no approval to reproduce in other media such as eBooks...
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Actually that isn't the case. If it were, then places like PGDP would not be able to take scanned images from online sources and create text versions from them.
A straight scan of a 2D page is not copyrightable, because there is no creative element involved in its creation, it is a 'slavish copy'.
See: Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999)
While not directly binding on other courts, it has been widely followed, and is generally taken to be good law.