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Whether you have a copyright to a scan of a copyright-ineligible work isn’t a question that has been tested in court, as far as I know. A copyright-ineligible
by bdowling 3y ago
Whether you have a copyright to a scan of a copyright-ineligible work isn’t a question that has been tested in court, as far as I know.
A copyright-ineligible work, however, can sometimes be protected by contract. Here, the restriction on the web page may be because the web site agreed with the scanning entity not to distribute a high-resolution version online.
- bdowling 3y agoFor the record, my guess is that there is no copyright in a scan of a copyright-ineligible work, because a scan is not a work of “authorship”. Unlike a photograph, which requires various authorial choices that reflect the photographer’s expressive intent, a scan is a mechanical and often completely automatic process.