Tim,
As I stated, I don't have the citation.  This was either through AAM or the ALI-ABA course Current Issues in Museum Administration that was held in Portland, Oregon.  The case involved a photographer who photographed a work of art at a museum (perhaps for the museum) and then sought to assert copyright over the photograph. The photograph was to show the work of art accurately, not to dramatically light it in a way that altered the intellectual property which is what we are talking about here.

It rather follows the thought that if you have a webpage about something like perhaps your dogs that states their pedigrees and accomplishments, someone else can use your format and insert their information such as the names of their dogs, their pedigrees and accomplishments because all dogs have lineages (although they may be unknown) and accomplishments (perhaps just couch potato) and a format for this information is particularly limited.  Copyright on this would be a bit like trademarking "Asparagus" for a product.

>>> [log in to unmask] 08/14/03 10:36PM >>>
> " My question was not so much about copyright, as clearly any
> researcher who photographs a museum artifact owns copyright in
> that image. "
>
> Sorry, not so clearly at all.  Court case (sorry don't have the
> citation) ruled that such a photograph cannot be copyrighted if
> it is just a reproduction of the original work.  You have to have
> something else going on - like people standing in front of it.

As far as I am aware, that's incorrect. Please cite the cases.

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