Question: public domain through copyright shield?
This is the fourth of my questions to the copyright lawyers, a taciturn lot judged by the results so far: is it possible to create a public domain image based on copyrighted sources?
Here’s the idea: suppose I take five different, recent photos from Michelangelo’s David. These photos are likely copyrighted, following the doctrine from Bridgeman v. Corel and similar European cases. Then, I use a tool like Photomodeller to recreate a 3D-model that is as close a reproduction of the original as possible. Bridgeman v. Corel holds that a faithful reproduction of a public domain work is “sweat of the brow”, lacking originality, and is not burdened by copyrights. But does that theory hold for a reproduction that was based entirely on copyrighted works?
1. Why does a work published after the death of an author receive a copyright? (answer)
2. How can SNTE (the firm that maintains and exploits the Eiffel tower) claim a copyright on the image of the illuminated Eiffel tower when the Paris Hotel in Las Vegas has had a very similar lighted Eiffel tower since two years before?
3. What rights does Microsoft base it’s licenses for protocols on?
(2+3 as yet unanswered)
To be extra clear, I am not solliciting advice, I am solliciting opinion.