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Bridgeman Art Library v. Corel Corp.

Bridgeman Art Library v. Corel Corp.

United States District Court for the Southern District of New York

February 18, 1999
Full case name: The Bridgeman Art Library, Ltd. v. Corel Corporation
Citations: 36 F. Supp. 2d 191; 1999 U.S. Dist. LEXIS 1731; 50 U.S.P.Q.2D (BNA) 1110
Prior history: Judgment for defendants, 25 F. Supp. 2d 421 (S.D.N.Y. 1998)
Presiding judge
Lewis A. Kaplan
Holding
Photographic reproductions of visual works in the public domain were not copyrightable because the reproductions involved no originality. Upon reconsideration and reargument, judgment was again entered for defendants.
Laws applied
U.S. Const. Art. I; Copyright Act of 1976

Bridgeman Art Library v. Corel Corp., 36 F.Supp.2d 191 (S.D.N.Y. 1999) was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected by copyright because they lack originality. Even if accurate reproductions may require a great deal of skill, experience and effort, it is a process that lacks originality, which is a key element for copyrightability under U.S. law. The decision applies only to two-dimensional images such as paintings.

Many federal courts have followed the ruling in Bridgeman, though it has yet to be specifically endorsed by the Supreme Court. However, the Court's ruling in Feist v. 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.

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10-26-2009 08:16:03
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