Image:Khazar coin.jpg

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Possible Copyright Infringement

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* {{subst:image-cv|Image:Khazar coin.jpg}} from [http://www.myntkabinettet.se/notiser/spillings/mynt14.jpg]. ~~~~

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http://www.myntkabinettet.se/notiser/spillings/mynt14.jpg

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Cbdorsett 05:18, 29 March 2007 (UTC)

Khazar coin minted in imitation of Abbasid dirhem, early 9th c. CE, bearing the legend "Moses is the prophet of God". Image from the website of theSwedish Economic Museum.

Image may not be copyrightable. Photographs of 2-dimensional works that exist in the public domain are NOT eligible for copyright in the U.S. and in many other jurisdictions. One cannot claim copyright ownership over such a photograph, nor can you sue anyone who uses it. Bridgeman Art Library v. Corel Corp. The status of coins is ambiguous. There has not been a court case that has determined the validity of a copyright over images of currency, and a court may well yet find that coins are 2-dimensional works or are uncopyrightable for other reasons.

EVEN IF the museum has a valid claim for copyright over the coin images, any attempt by them to force the removal of the coins from WP would fail because of the doctrine of fair use. The images of the coins are used in this article for the same purpose as their original intent- i.e., to illustrate the use of Jewish and Khazar references on coinage designed to imitate Caliphate dirhems, and to communicate the determinations of the discoverer. The source of the images is clearly given, and is the only reasonably available source as the museum has sole possession of the Spillings coins.

Copyright of the coin itself is not an issue. The image of the coin is copyrightable until a court says it is not. The Bridgeman case applies only to museum-quality images (i.e., "slavish copies") of two-dimensional works of art. Coins are not flat; they are either bas-relief or haut-relief. Lighting has a lot to do with the quality of the image, and even the Bridgeman court acknowledged the element of artistic creativity in selecting proper lighting. If the status of coins is ambiguous, Wikipedia is running a risk of being sued. The process of finding out that a coin image is "uncopyrightable for other reasons" is not free and Wikipedia's money can be put to better use. Fair use does NOT apply to these coins because the image is 100% of the coin, would tend to reduce or eliminate the market for licensed images, and because Wikipedia sometimes creates CD versions of various articles for sale, which is clearly a commercial use. The purpose of all images in an encyclopedia is to illustrate something; that can not be a justification by itself. These images are also not included for the purpose of fair commentary, since commentary by its very nature is original research, which is against Wikipedia policy. Citation of the source is completely irrelevant to copyright violation. The "only reasonable source" issue only applies in Wikipedia policy when the image is a fair use image (which this is not). Cbdorsett 03:51, 2 April 2007 (UTC)


May be copyrighted

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