The communication below from David Green at Corbis may be of assistance with regard to the Bettmann Archives discussion.
Gerald Barnett
Senior Licensing Officer
University of Washington
<barnett[_at_]u.washington.edu>
Gerald, can you post this to the group at my request? I've actually received this forward from two other sources, so it would be nice to clarify for the digest.
Several digest participants have inquired into the scope of copyright in the Bettmann Archives, along with the scope of the copyright in the digital file. The Archives, encompassing more than 16 million images, includes content from a variety of sources, some in the public domain and others still under copyright. Thus, without respect to any individual image, it is somewhat difficult to immediately clarify which images are public domain and which are protected under U.S. or foreign copyright.
Generally, however, the vast majority of Corbis-Bettmann images are available via Corbis' websites (www.corbisimages.com or the consumer-oriented www.corbis.com), and are protected by copyright in at least one instance: the copyright in the digital file, representing Corbis' significant authorship in its digital file. The copyright in these digital files also extends to printed versions of the digital file, since many of our licensees output their print content by using electronic prepress incorporating our digital file. Additionally, access to these images via Corbis' website is controlled by the terms of a standard license agreement.
For many digest participants, the debate over copyright digital works is a dead horse. The Bridgeman case has renewed the discussion, but is really just an interesting anomaly. At best, Bridgeman stands as little more than a reminder that a plaintiff needs some evidentiary basis for asserting the existence of protected expression. (Though digest responses are best when they are brief, this digest group is far more sophisticated with copyright law than most. My apologies for the length; I trust my explanation will assist others in understanding the scope of copyright in digital files claimed by Corbis.)
With the advent of inexpensive scanning equipment and software, many feel that digital reproduction requires nothing more than following the instructions included with the hardware and software. Nothing could be further from the truth. While technology has improved to the point that consumers can make reasonably good digital reproductions of artwork and photography by pushing a virtual button, the professional digital stock industry still relies on the creative input and considerable talents of artists skilled in digital artistry to render quality digital reproductions.
An analogy to traditional darkroom techniques is helpful, especially since current digital tools such as Adobe's Photoshop are modeled after the practices of traditional darkroom artists, whose work has long been protected under copyright. An artist reproducing a copy of the original photograph generally begins by exposing the negative and using a manual practice including dodging, burning, exposure techniques, and chemical mixtures to render a print reproduction. No two artists will render an exact print, and the commercial value and output quality of any particular print depends upon the creative choices and techniques of the darkroom artist. Classic prints from Ansel Adams, for example, derive much of their critical acclaim and commercial value not simply from the subject depicted but from the darkroom techniques used to bring out the shadows, detail, and light in an image. Simply put, these darkroom artists bring a print to life through their creative techniques.
Similarly, a professional digital artist takes the raw digital file and adds his or her creative input and techniques. The digital artist removes imperfections in the original image as well as those resulting from the mechanical scanning process. At the pixel level, the artist will develop the shadows, bring out and refine fine detail, making a variety of individual creative choices regarding color (including hue, tone, saturation, and balance), cropping, blurring or sharpening of detail, and display characteristics for a variety of media. In the case of Bettmann images, substantial authorship may be needed to account for the condition of the original print or negative.
While recent improvements in technology have allowed consumers to automate certain processes, a definitive and recognizable gap remains in the visual quality of automated reproductions and those resulting from the creative choices and work of professional digital artists.
Digital artistry is not limited to visual works. Digitally reproducing and remastering an original analogue recording requires the exercise of considerable creative input, especially since the mere conversion from analog to digital format introduces audible anomalies. As in the photographic industry, the tools have migrated to a digital platform but require creative choices of the artist. In the case of digital reproduction of original work, the originality start but never ends with the creative input of the original artist. It continues through to the artists responsible for transforming an original work into new mediums.
In Corbis' case, our digital copyright protects only the additions made to the underlying image. Corbis does not intend to restrict individuals from lawfully reproducing copies of public domain material acquired from other sources. Rather, Corbis' intent is to protect its authorship and significant investment in its digital archive and offer consumers a visibly superior product for a fair price (currently $3.00 for a personal use license). Please excuse the overt product plug.
The Bridgeman case will be the topic of future discussion at a NINCH conference in April in San Francisco. I look forward to meeting many of you there. Thank you for the bandwidth.
Dave Green
Corporate Counsel Email: daveg[_at_]corbis.com Corbis Corporation Fax: 425.644.8193 15395 SE 30th PL #300 Phone: 425.649.3421Bellevue, WA 98007
http://www.corbis.com/
The Place for Pictures on the Internet
Received on Tue Jan 11 2000 - 00:32:12 GMT
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