Re: Copyright in restorations

Patrick Begos <begos[_at_]ibm.net> wrote:
>
> Is anyone familiar with any US case law or treatises relating to
> copyright issues arising in the conservation and/or restoration
> of visual arts, motion pictures or music.
>
> There is no specific fact pattern at issue. I am looking more for
> cases or treatises which address problems which may arise in
> connection with the restoration process, and/or rights that the
> conservator might have in the restoration.
>
> TIA for any leads.

I don't have any leads, but this is the classic "thin copyright" scenario. I would think that a layer of protectible original artwork, enhancing otherwise public domain elements, would create a copyrightable derivative work under US law. I believe that this is exactly how colorization of classic B/W movies has been treated (ie, in some cases, the B/W rights are owned in one company and the colorized rights are owned in another).

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