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If you consider https://en.wikipedia.org/wiki/Threshold_of_originality https://en.wikipedia.org/wiki/Threshold_of_originality the answer seems to be "it depends

If you consider https://en.wikipedia.org/wiki/Threshold_of_originality https://en.wikipedia.org/wiki/Threshold_of_originality the answer seems to be "it depends" For example, in the US there have been cases where high quality reproductions of old public domain paintings did not meet the threshold of originality to qualify for copyright. Remastered audio recordings with adjustments such as equalisation and sound editing were ruled to be eligible for copyright in 2016, then the ruling was overturned in 2018. On the other hand, under German law digitised versions of public domain paintings are entitled to new 'Leistungsschutzrecht' copyrights, reflecting the effort and expertise necessary to create the reproductions.

didntcheck 3y ago
There was actually a dispute between Wikipedia/Wikimedia Commons and the British National Gallery over this - the UK working similar to Germany https://en.wikipedia.org/wiki/National_Portrait_Gallery_and_Wikimedia_Foundation_copyright_dispute https://en.wikipedia.org/wiki/National_Portrait_Gallery_and_...
- tsimionescu 3y ago
  Actually the UK works like the USA, there was a recent court case on this that made it very clear. Photographs of public domain works, of any quality, are public domain as well unless they contain some original expression of their own (say, if you're taking a selfie in front of a famous picture, you probably have copyright over it - but not if a museum takes a high-res, excellent lighting photo to reproduce the painting itself).
  - michaelt 3y ago
    There are some more details on the UK system and its historical changes at https://en.wikipedia.org/wiki/Sweat_of_the_brow#New_(European)_approach https://en.wikipedia.org/wiki/Sweat_of_the_brow#New_(Europea... UK law is very clear in the sense that in 2023, an appeals court judgement explicitly stated that in the UK, no new copyright is created in making a photographic reproduction of a two-dimensional public domain artwork. UK law is not very clear, in the sense that it took an appeals court judge to reach that determination, and it only happened in 2023 :) And presumably if people like Disney were so inclined they could make sure every new DVD release had slight adjustments to colour grading, a remastered audio track, and things like that, muddying the water by introducing more elements of human creativity.
tsimionescu 3y ago
Actually, according to Wikipedia, starting in 2021, even Germany requires human creativity for a work to be protected by copyright. They explicitly say in the law that simple reproduction of public domain works is not protected.

didntcheck 3y ago

There was actually a dispute between Wikipedia/Wikimedia Commons and the British National Gallery over this - the UK working similar to Germany https://en.wikipedia.org/wiki/National_Portrait_Gallery_and_Wikimedia_Foundation_copyright_dispute https://en.wikipedia.org/wiki/National_Portrait_Gallery_and_...

tsimionescu 3y ago
Actually the UK works like the USA, there was a recent court case on this that made it very clear. Photographs of public domain works, of any quality, are public domain as well unless they contain some original expression of their own (say, if you're taking a selfie in front of a famous picture, you probably have copyright over it - but not if a museum takes a high-res, excellent lighting photo to reproduce the painting itself).
- michaelt 3y ago
  There are some more details on the UK system and its historical changes at https://en.wikipedia.org/wiki/Sweat_of_the_brow#New_(European)_approach https://en.wikipedia.org/wiki/Sweat_of_the_brow#New_(Europea... UK law is very clear in the sense that in 2023, an appeals court judgement explicitly stated that in the UK, no new copyright is created in making a photographic reproduction of a two-dimensional public domain artwork. UK law is not very clear, in the sense that it took an appeals court judge to reach that determination, and it only happened in 2023 :) And presumably if people like Disney were so inclined they could make sure every new DVD release had slight adjustments to colour grading, a remastered audio track, and things like that, muddying the water by introducing more elements of human creativity.

tsimionescu 3y ago

Actually, according to Wikipedia, starting in 2021, even Germany requires human creativity for a work to be protected by copyright. They explicitly say in the law that simple reproduction of public domain works is not protected.