Copyright questions?

Question

I have two basic questions regarding arts copyright , one my work and the other a very old copyrighted product.

1)
My illustration work has been used by a famous rock band
for over 20 years on on their album covers. I was never paid
for it's use but I have not disputed it . Recently they have
licenced the design for a t-shirt and did not inform me.


Q - Should the band now compensate me for the T-shirt
design at a higher than normal price , due to their past use
history as well as the current marketing sales?


2)
I have some ideas for a product using design elements
sold by a company but origionally created in 1893 .
Their catalog even uses the origional photos from that era
to illustrate their catalog. They use the 1898 molds to make these and have not altered the designs. Their catalog
says" copyrighted" designs


Q- Are these designs still copyrightable by them , unaltered
after 109 years?

Answer 1

2. If the designs of the product are truly distinctive with the originating company, then the commercial use of the design trademark does not expire until abandoned by them. they would have a very valid claim if a look alike product entered the market place and was not authentic. While they might not be able to sue for infringement, they certainly could claim unfair competition and trading on their good name.

1. I hope that the album covers were not published in the US prior to 1989, Publication without the proper copyright notice puts it squarely in the public domain. Publication after that date may allow you to recover the rights but you would really need to work that out and get it registered before you would have any legal rights. However, if these are "nice" guys, any contract negotiations you agree to will eliminate the need to establish legal rights to the design.