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The Complications of "Bridgeman" and Copyright (Mis)use

2011; Art Libraries Society of North America; Volume: 30; Issue: 2 Linguagem: Inglês

10.1086/adx.30.2.41244063

2161-9417

Katherine L. Kelley,

Art History and Market Analysis

In 1998, when the Bridgeman Art Library sued Corel Corporation for copyright infringement, the plaintiff did not realize that the decision would go so strongly in its disfavor. Not only was the infringement dismissed, but the copyright itself was found to be invalid. Bridgeman Art Library, Ltd. v. Corel Corp. set a precedent establishing reproductive images of two-dimensional artworks as not copyrightable. Details of the court decision include two previous cases that involve the copyrightability of photography in general and the copyrightability of facts, respectively. Most photographs are copyrightable, while most presentations of facts are not; these two areas intersect in reproductive photography. This article describes the background to the court case, Bridgeman's reactions to the court decision, and the ramifications of the decision for museums and other organizations that claim copyright over their images.