I purchased two oil paintings painted in the 19th century, who owns the reproduction rights to these paintings

Question

So, if I purchased these paintings do I own the right to reproduce them lets say on t-shirts, publications, calendars, internet postings, or whatever....am I the sole owner of the copyright?

And if someone else is copying my paintings or the image of the painting in any fashion do I have legal remedies against them?

I figured the family could have a right to the copy the painting, however, I am fairly certain the family has dispersed....or are far removed from the artist. It is an mid 19th century artist who was internationaly known at his peak..................I am not aware of anyone copying this work at the moment, am just curious of my rights should I make an effort to establish an interest in these paintings via various methods of dissemination.

Answer 1

If the paintings are from the 19th century, then they are in what the copyright laws refer to as "public domain". Anyone may copy a work of art not covered under copyright, regardless of who owns the actual work of art.

But.....there are what is known as "layers of rights" to art. Even though the underlying piece of art is not covered by copyright, the photographic reproduction of that piece of art MIGHT be subject to copyright, if it exhibits some elements of creativity beyond mere reproduction of the art itself in a photograph.

Here are the examples of three types of these "layers of rights":

CATEGORY I: The underlying work is protected by copyright.

CATEGORY II: The underlying work is in the Public Domain, but the photographic reproduction itself exhibits a degree of uniqueness or originality sufficient to qualify it for copyright protection.

CATEGORY III: The underlying work is in the Public Domain, and the photographic reproduction does not itself exhibit a significant and discernable degree of original intellectual content sufficient to qualify for copyright protection.

Thus, if you photograph an original work of art, and the PHOTOGRAPH itself is of such a quality that it exhibits uniqueness or originality, and you want to PUBLISH that photograph, or use it commercially, you MAY be able to satisfy the copyright laws such that the photograph may be copyrighted, and others may be required to pay royalties to commercially use that photography for some commercial purpose. It gets tricky. If you want to publish a book of photography, even if the underlying artworks are not copyrighted, the BOOK may be subject to copyright when it is published; or prints or posters, or even t-shirts, MAY be the subject of a copyright if it is commercially exploited and sold. (If I take a picture of a famous piece of art, anyone may copy my copy; but if I add creative value to the simple photo by special processing, adding an additional layer of originality and creativity, I might be able to gain rights to it in that way.

You need to discuss this matter with a lawyer who deals with intellectual property law, if you are thinking of investing serious money in this venture. As I say, it gets very complex.

Good luck.

Answer 2

John B is totally right on this subject. Any works that found their way into public domain before the international copyright laws were enacted (which the US also signed onto) can be copied by anyone.

This is why anyone can play Beethoven or Mozart without having to pay loyalties to the descendants of either composer. However, the works of composers like Arron Copeland (or artists like Dali and Picasso) fall under the copyright protection laws because these were created after the laws went into effect.

Answer 3

seroiusly are these paintings really that well known that you have seen reproductions. if so you can always try to make a case of owning the copyright. but odds whoever is producing them. already owns or paid someone for the right to copy it. and if the painting is truely famous just becuase you were able to by the original doesnt mean that the painters family doesnt own the copyright. course if he/she doesnt have a family. Then try to make a case on owning the copyright of the image.

Answer 4

In most cases, the artist's copyright remains until 70 years after the artist's death. But the copyright could have been either re-registered by the artist's estate or purchased by another party. You have to research the artist's name thoroughly before claiming any ownership to the image(s). At that point, my guess would be you'd have to register for the ownership of the copyright.

Answer 5

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