If I buy an original painting from an artist, can I legally sell prints of that painting.?

Question

Without permission of the artist? Or do I need his permission? What if he is deceased?

Answer 1

Unless you have SPECIFICALLY, and I do mean in writing, purchased the copyright from the artist, then you do not own the copyright. You only own the painting. You could be sued into oblivion by the artist or his heirs for copyright infringement if you try to publish without permission (not to mention paying the artist for every print).

In the U.S., the artist owns the copyright until fifty years after his death. Which means the artist's estate own the copyright. You would need permission from the heirs, and they would probably want a share of the proceeds as well.

If the artist died longer than fifty years ago, I believe the owner of the painting then becomes the owner of the copyright. But I could be wrong about that. I'm not wrong about the first two paragraphs, though.

Answer 2

The new copyright laws passed when Clinton was president re-wrote the laws to include visual artists and give them the same rights as other artists like writers and composers.

If you buy an original painting what you are buying is the actual original work of art. You do not own re-print rights. These remain with the artist unless he/she specifically agrees to give you or sell you these rights. If he/she happens to have died then the re-print rights are transferred to next of kin or whomever the artist bequeathed the rights to.

However, every case is different and you can ask for and receive from the artist all rights to the work. But only a foolish person would ever give up all rights to their creative images.

I have sold around 70% of the paintings I've done and when I sell them I give the buyer shared re-print (image) rights: meaning should the work have enough of a public demand to be reproduced then I receive a percentage of whatever profit might be made from such reproductions. Or that I could also re-print my own work and in doing so the buyer would recieve a share of my profit. So far every buyer but one agreed to shared image rights. The one who didn't agree didn't get the painting.

It's the same as a writer or songwriter receiving loyalties from each record or book sold. The writer would be foolish to give up all rights to their work.

Answer 3

All the answers that tell you you can't make copies of an artist's painting legally if you don't own the the copyright are correct.

ALTHOUGH copyrights are different from country to country... In the USA the source for copyright information is:

http://www.copyright.gov/

My understanding is that the French give a much longer copyright [to the artist & their heirs] than most other countries.

SO you need to check on the copyright laws in the country where you would produce a print AS WELL AS the country of the artist who created the painting..

Answer 4

The previous answerers are WRONG !!!!!

Unless the painting is a commission or you have specifically purchased the copyright and have a signed document saying so, the copyright remains the property of the artist.

I own the copyright to all my work except the commissions, and I can (and do) prosecute anyone making unauthorised copies.

I'm a professional in this field and deal with this daily.

When I die the copyright will pass on to my heirs.

Answer 5

Only if the commission contract expressly includes sale of the artists rights to the work.

Answer 6

/ If you own an original painting, and it is presumably number one of one, then yes, you can sell prints of that painting.

If you own medium (painting or otherwise) with a number followed by a front slash then another number (such as 103/500), then no, you can not sell copies of that medium because you don't own the original painting, and it is part of a defined group.

Answer 7

"YES"...u can do orever "U" want ...because "THE ARTIST" signe a contract of sale [verbal or written] when "HE" sold the painting.......

Answer 8

you can do anything you want, as long as you dont get caught.