Interesting topic.
If you didn't feel inclined to make the argument that there was sufficient creative input to attract a copyright in the digital image itself then I would have thought your best bet would be to rely not on copyright but on the T&Cs of your website. Provided your T&Cs forbid re-use without explicit permission/payment of a fee, etc., then theoretically your claim against any bad actors could be not for breach of copyright but breach of contract.
Kristian
-----Original Message-----
From: Archivists, conservators and records managers. <[log in to unmask]> On Behalf Of Caroline Walter
Sent: Wednesday, December 13, 2023 2:04 PM
To: [log in to unmask]
Subject: [EXTERNAL] Implications of THJ v Sheridan [2023] on image licencing in Archives
Hi List,
My attention has been drawn to some interesting discussions around the implications of THJ v Sheridan [2023] EWCA Civ 1354 on the originality element of Copyright. There is some discussion that this may impact on museums being able to charge licence fees for the publication of their images of artwork etc. I'd be really interested to hear how people think this might impact on archives.
I may be entirely misinterpreting but it seems clear that this wouldn't affect organisations charging for the production of an entirely new digital image of a document (as in this case you are charging for the labour), not would it impact a copyright holders prerogative to charge for the reproduction of originals that remain in copyright. But it does seem like this would remove the justification of charging for use of pre-existing digital images that are purely copies of an original (particularly those already publicly accessible on organisations website).
Bit of a speculative question for a wednesday afternoon. Look forward to hearing responses from those with more experience in this area!
Caroline
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