Re: [d@DCC] Paintings "disappear" from Tate Gallery

From: Jason Young <jyoung _-at-_ lexinformatica.org>
To: Digital Copyright in Canada <discuss (at) digital-copyright.ca>
Date: Mon, 12 May 2003 15:44:30 -0400

>Russell McOrmond wrote:
>I guess the next question is:  who did the digitizing?  When you
>digitize there is a new copyright on that new work that does not affect
>the copyright of the original (taking a photograph of a painting does not
>change the copyright of the painting, whether the photograph is
>infringement or not).  If the digitizing company is claiming copyright
>against the gallery, it sounds like the gallery goofed up their contracts
>with this company to not be granted appropriate rights.

This is incorrect. Copyright includes the exclusive right of 
reproduction. A mere copier of a work does not acquire nor deprive 
its owner of it. Thus, if I digitize a Monet, I cannot then claim 
copyright in that reproduction as separate from Monet's rights which, 
in any case, have expired, see R. v. Stewart, [1988] 1 S.C.R. 961 at 
para. 40 http://www.canlii.org/ca/cas/scc/1988/1988scc43.html.
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