Re: Can you create a painting based on a statue or sculpture?
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Posted by M Arthur Auslander on April 02, 2002 at 23:57:49:
In Reply to: Can you create a painting based on a statue or sculpture? posted by Liz Armon on April 02, 2002 at 09:12:28:
: Can you create a painting based on a statue or sculpture without violating the sculptor's copyright?
: This is a discussion some artists are having, I think that you can paint a painting of a sculpture because it becomes a separate artwork, however some feel that the sculpture is copyrighten and you can't do a painting of it.
: p.s. I really appreciate this forum - you are wonderful! I know it's a lot of work - thanks!
Dear Liz Armon,
There are questions of year of creation and the image. It is my understanding that all work prior to 1923 are out of copyright in the US. If there is a copyright notice on the work after 1923, there is risk. If there is no notice, there is risk only after notice (I'm not taking professional responsibility for these thoughts without a retainer.)
If I represented a scupltor of and original work, I would push the sculptor to go after a painted copy.
Safety would be in copying from a public domain source of a work even if the work had a registed copyright on it.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
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