Summary of previous decision:
You have determined that the underlying work represented in this image is protected by copyright.
Continue with this question:
Is this particular photographic reproduction of the work itself protected by copyright?
Here is a reminder to help you answer the above question:
To be eligible for copyright protection as a unique derivative work, a photograph must manifest a significant and discernable degree of uniqueness or original creative content sufficient to distinguish it from other photographs of the same underlying work. Any photograph of a three-dimensional work should be assumed to be copyrightable (meaning that it probably has sufficient uniqueness or creative content that it is capable of being copyrighted). Of course, historic photographs are subject to the same term limits as other copyrighted works, and any copyright in such photographs would expire after the same term limits as other copyrighted works.
You may wish to use the following resource links and references to help answer the above question
• Summary of Copyright Duration and U.S. law
You may wish to use the following resource links and references to help answer the above question:
• What Are Derivative Works?
(USCO: Circular 14: Copyright Restrictions for Derivative Works)
• When Works Pass Into the Public Domain
(Laura Gasaway, University of North Carolina)
• Duration of Copyright
(USCO: Circular 15: Duration of Copyright)
• Copyright Term and the Public Domain in the United States
(Cornell University) (USCO: Circular 15: Duration of Copyright)
• New Terms for Copyright Protection
(USCO: Terms for Copyright Protection)