Who owns the copyright of original paintings?

Question

In answer to a recent question Jabba commented that "Copyrighting a work of art is not exactly like copyrighting a novel or a musical work, where ownership is contracted for 50, and then a hundred years, and then for 50 more to the publisher, if they are still in business. Artworks are what you would call a real-asset. After the death of the artist, ownership of copyright passes to the person who owns the original".

Everything I have read on the internet indicates that the 50-70 year after death rule would apply.

Can anyone point me to any legal text which indicates that paintings do not fall under the 50-70 year after death rule.

Thanks

Answer 1

Actually, this is a very straightforward issue, as outlined by the Copyright Office. Instead of taking someones word for it, anyone involved in the arts would do well to familiarize themselves with:

Copyright Act - Title 17 of the U.S. Code

The Federal Copyright Act protects "original works of authorship" fixed in a tangible medium of expression. These works include literature, music, drama, painting, graphics, sculpture, motion pictures, architecture and computer software. The author's* published and unpublished works are protected from the moment the work is placed in a fixed form. However, an author or artist cannot sue for infringement of copyright unless the work has been registered with the Copyright Office.

According to the United States Copyright Office, "Works created after January 1, 1978 are automatically protected at the time of creation for the life of the author plus 70 years. Seventy years after the author's death, the work passes into the public domain and can be copied by others."

Here is the link to the US Copyright Office where you may find the complete, and specific, information regarding the arts:

http://usasearch.gov/search?v%3aproject=firstgov-web&v%3afile=viv_848%4030%3aOEzKca&v%3aframe=list&v%3astate=root%7cN359&id=N359&action=list&

Hope this helps. Best wishes!

EDIT: Obviously by the information I cite, I am quoting United States Copyright Law.

Answer 2

No item can be subject to copyright 70 years after the death of the artist/first owner. The item enters the public domain and can be copied freely without permission or penalty. So, to answer your question, no-one owns the copyright to the work of these artists - they can only own the item - because copyright no longer applies. The second paragraph of your quote applies only whilst the creator (artist) is alive plus 70 years from date of death, and during that time can be transferred by way of gift, inheritance or sale.

Answer 3

your research is correct. mere possession of an object does not confer any intellectual rights. the copyright belongs to the artist, and after his/her death, the estate, unless transfered to another party by contract. Protection of art that is in the hand of rogue parties may be difficult to persue. Permission and royalty for photography of the art should be the rights holder, but as a practical matter that is hard to enforce.

Answer 4

Puppy Zwolle makes a very good point that different countries have diffeerent laws regarding copyright...

I think that France may have laws that protect the artist and the estate the best.

Answer 5

This is a complicated issue, that depends on many things. Was this a published work or just an oil painting that had one copy that was never reproduced? Where was the artist living in the United States elsewhere? All these issues have an impact. I need more information to answer the question properly and/or direct you to what you need.

Answer 6

Depends on the country you are in but basically:

US is death + 70

http://www.copyright.gov/help/faq/faq-duration.html