Re: Re: Can you create a painting based on a statue or sculpture?
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Posted by Liz on April 03, 2002 at 02:38:57:
In Reply to: Re: Can you create a painting based on a statue or sculpture? posted by M Arthur Auslander on April 02, 2002 at 23:57:49:
: : 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.
: : HELP!
: : 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
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