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Old 04-18-2021, 11:26 AM
dbrown dbrown is offline
D Brown
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There is case law on this -- Bridgeman Art Library vs. Corel (1999) "ruled that exact photographic copies of public domain images could not be protected by copyright in the United States because the copies lack originality." (https://en.wikipedia.org/wiki/Bridge..._v._Corel_Corp.)

Miscuts, variations, etc., were still published, and are thus in the public domain. Unpublished material can be a whole other ball of wax, if IP ownership has been carefully managed, as with a few long-term literary estates.

(I am not a lawyer so don't depend on my info for your legal cases, please.)

If you're making an image of a slabbed card -- photo or scan, doesn't matter -- you'd have a better argument that it is a unique, copyright-able work, since the presence of the card's unique ID # etc. make it more than an exact copy of a public domain image.

All that said, it would still be wise and polite to get permission.

Last edited by dbrown; 04-18-2021 at 12:40 PM.
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