3 ms·
Many institutions in the UK and elsewhere claim this. But that doesn't make it true. The threshold of originality is historically signficiantly higher througho
by mod50ack 4y ago
Many institutions in the UK and elsewhere claim this. But that doesn't make it true.
The threshold of originality is historically signficiantly higher throughout most of continental Europe than in the UK. The 2001 Infopaq case also has relevance in the UK. The UK IPO indicated that based on this decision (binding in the UK) and other factors these images likely shouldn't have copyright even in the UK.
The 2019 EU copyright directive also explicitly included the provision that 2D replicas are not eligible for any new copyright (Art. 14). This is not directly relevant in the UK (though previous CJEU decisions remain effective there), but it does apply throughout the EU.
In short, the NPG doesn't decide what UK law says. Many people have claimed that scans and reproductions are worth copyright but in the vast majority of cases this is legally incorrect.