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Re:The Getty Makes Nearly 88,000 Art Images Free to Use Howe... by ronsor on Thursday March 14, 2024 @10:30PM (#39711481)
This is not true in the US.
Re:The Getty Makes Nearly 88,000 Art Images Free to Use Howe... by nemo on Thursday March 14, 2024 @10:34PM (#39711498)
Under U.S. copyright law, the person who creates a work is the copyright owner. So if a photographer takes a picture of an artwork, they own the rights to their image.

Read more here: https://www.copyright.gov/engage/visual-artists/

Re:The Getty Makes Nearly 88,000 Art Images Free to Use Howe... by autoexec on Thursday March 14, 2024 @10:49PM (#39711582)
A photo of a public domain work doesn't generally count as "creating a work". Especially not when there's nothing artistic added or any additional context to it. If I just take a photo of an artwork that's already in the public domain it is essentially little more than a reproduction.
Re:The Getty Makes Nearly 88,000 Art Images Free to Use Howe... by sgentle on Friday March 15, 2024 @12:57AM (#39712190)
You might find it helpful to refer to the Copyright Office's Compendium, which covers copyright law specifics in more detail. It's big, but quite approachable.

Chapter 300 covers copyrightability in general: https://copyright.gov/comp3/chap300/ch300-copyrightable-auth...

> 313.4(A): A work that is a mere copy of another work of authorship is not copyrightable. The Office cannot register a work that has been merely copied from another work of authorship without any additional original authorship. [...] Bridgeman Art Library, Ltd. v. Corel Corp., 36 F. Supp. 2d 191, 195 (S.D.N.Y. 1999) ("exact photographic copies of public domain works of art would not be copyrightable under United States law because they are not original").

Chapter 900 covers visual art specifically and goes into more detail on the copyrightability of photographs: https://www.copyright.gov/comp3/chap900/ch900-visual-art.pdf

> 909.3(A): [...] A photograph that is merely a "slavish copy" of a painting, drawing, or other public domain or copyrighted work is not eligible for registration. The registration specialist will refuse a claim if it is clear that the photographer merely used the camera to copy the source work without adding any creative expression to the photo. Similarly, merely scanning and digitizing existing works does not contain a sufficient amount of creativity to warrant copyright protection.

Re:The Getty Makes Nearly 88,000 Art Images Free to Use Howe... by mediumsmart on Friday March 15, 2024 @01:17AM (#39712278)
But the photo needs to be taken at a weird angle and it helps to place a live squirrel somewhere on the artwork.
Re:The Getty Makes Nearly 88,000 Art Images Free to Use Howe... by inglor_cz on Friday March 15, 2024 @04:21AM (#39713281)
Copyright only protects creative works, where the author's artistic intent can be distinguished.

Faithful reproductions of non-copyrighted two-dimensional work are considered non-copyrightable, because nothing of artistic value is added in the process. (There is a lot of mechanical work around photos, but mechanical work doesn't enjoy copyright.)

Re:The Getty Makes Nearly 88,000 Art Images Free to Use Howe... by ghaff on Friday March 15, 2024 @07:58AM (#39714567)
Right. Just because something is a lot of work ("sweat of the brow"), doesn't make it copyrightable in the US. Feist is one of the main cases in thiss area as I understand it.