Is it within the public domain?

Question

I want to refer to paintings (by title and artist) in a fictional book I am writing. Are they public domain (regardless of their age or popularity) or do I need permission to refer to them?

And if I CAN refer to them, is the proper usage to put the title within parentheses or should the title be italicized, or neither?

Answer 1

I don't think just referring to them warrants any footnote, citation, or anything. If you use the pictures, then it depends on the picture.

I am quite sure that you are free to refer to the title and author of a book, a movie, a piece of art, etc without any fear of copyright violation.

god bless

Answer 2

"It" is a commonly used word in the English language (possible others, as well). It is not owned by anyone or any corporation. Therefore, technically speaking, "it" is within the public domain! Have fun with "it"! Don't let "it" get you down!

Yeah, I know: give "it" up, already! ;)

(sorry . . . I couldn't resist "it"!)

Seriously, though, you'd be wise to seek permission from the work's owner (which might be a museum, agency, family, publisher, etc; your government's copyright office might help you track it down). Be prepared to give them a sample of your work (needless to say, most people would not want their works mentioned in a derogatory manner). If they give permission (for which you may be required to pay a royalty), you should ask them how they want it displayed in the book. If they don't give permission, then that's the end of that. However, there is something called "freedom of the press" (at least in the USA) and "literary license" (pretty much worldwide, at least in democratic nations), which gives you, the author, some degree of freedom to use anything for any reason. Tread carefully, though! Even fiction writers get sued for libel and copyright infringement for the littlest things!

Generally speaking, painting names should be italicized (refer to a "style of manual" for help). The artist's name need not have any special fonts or quotes, but if it does not immediately follow the work with the word "by" (or similar), then the artist's name should be put in parentheses. However, if the artist and work are world-renowned, such as Leonardo da Vinci's "Mona Lisa" (I can't italicize on this website!), then the artist's name is somewhat superfluous, unless, of course, you needed to differentiate that work from copies or some other reason (obviously, "The Da Vinci code (of which, BTW, technically speaking, the word "da" should not have been capitalized!) did not have to mention his name anywhere after the title!).

Answer 3

You can refer to them whether or not they are in the public domain. Italicize the names of the paintings.

Answer 4

If they are public domain, you do not need permission to refer to them. Age and popularity matter very little.
Italicized. Ex: Name of painting. Name of painter.

Answer 5

You can refer to them, typically the title is italicized.

Answer 6

You should ask permission from the Painter.

The Painter may have copyright.

You should also make plain in your forward that the content of the book is your own opinion and should only be seen as fiction.

If the Painter is dead, you may have to seek the Families permission.

I believe that parenthesis separates fact from fiction if it is made plain in your forward.

Answer 7

difficult....a brilliant number of the extremely commonplace paintings, easily those in any substantial museum sequence are easily not interior the traditional public area. The copyrights are energetic and held through the two the museum, the valuables of the artist or each now and then the rights have been offered to persons - i.e. invoice Gates, et al. if your interested in reproducing them or in basic terms copying them there are different components of copyright and loose use rules in play.