The Bridgeman Art Library, Ltd. v. Corel Corp.
36 F. Supp.2d 191 (S.D.N.Y. 1999)
Bridgeman marketed
reproductions of art owned by some museums. They sold digital images of
the art on CD.
The art was in the public
domain and not protected by copyright.
Corel started selling their
own CDs of famous art, containing some of Bridgeman's digital images.
Bridgeman sued for copyright infringement.
Corel argued that the
paintings in question were public domain, and Bridgeman couldn't get a
copyright on an exact digital copy of a public domain painting.
Bridgeman pointed to Alfred
Bell & Co. v. Catalda Fine Arts, Inc. (191 F.2d 99 (2d Cir. 1951)), which held that reproductions of
public domain images can be awarded copyright protection.
The Trial Court found for
Corel.
The Trial Court found that a
photograph could be denied copyright for a lack of originality, if it amount to nothing more than
"slavish copying."
Bridgeman admitted that
they were attempting to make the digital images as identical to the
original paintings as possible.
The Court found that there
must be a distinguishable variation
to render the reproduction original, and just producing a copy in a different medium did not
constitute a distinguishable variation.
If this case had gone the
other way, someone could indefinitely extend their copyright by simply
taking exact photos of their paintings over and over again.