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Topic: artist died in 1944, her figures are collectable.. (Read 480 times) |
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Mo
Newbie
Posts: 18
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artist died in 1944, her figures are collectable..
« on: Jan 26th, 2006, 9:36am » |
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I would like to photograph (uniquely) antique figurines by an artist who died in 1944. Her figurines have more recently been liscenced in the 90's. Should I be concerned about intellectual property infringement? These are for greeting cards.
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Isaac
Senior Member
Posts: 3472
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Re: artist died in 1944, her figures are collectab
« Reply #1 on: Jan 26th, 2006, 9:44am » |
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You should be concerned about copyright infringement.
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Isaac
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Mo
Newbie
Posts: 18
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Re: artist died in 1944, her figures are collectab
« Reply #2 on: Jan 26th, 2006, 9:48am » |
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thanks for the reply. In checking out the cards in stores, I've come across photos of things like antique wind-up toys, and the rubber duck that is everywhere. How does that work?
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Mo
Newbie
Posts: 18
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Re: artist died in 1944, her figures are collectab
« Reply #3 on: Jan 26th, 2006, 10:02am » |
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another question that came to mind... I've purchased many of these figures on e-bay. There are the originals produced by the artist, signed and numbered, and then there are others that are copies probably from the 50's and 60's with no markings on some and numbers on others. Are these in the public domain?
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Isaac
Senior Member
Posts: 3472
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Re: artist died in 1944, her figures are collectab
« Reply #4 on: Jan 26th, 2006, 10:57am » |
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If the figures are in the public domain, then photographing would not infringe a copyright in the figures.
Determining whether something is in the public domain can be difficult. The law has changed over the years, and at one point, copyrighting a figure required a copyright notice prior to publication, and the copyright required renewal. Failure to do so might have resulted in a the figure going into the public domain. Current law requires neither notice nor renewal. Theoretically, art can enter the public domain by expiration of the copyright term, but that does not seem to happen anymore...
Alternatively, the artist/creator can explicitly put some art into the public domain.
Sometimes the copyright holder simply does not care about infringement. At other times, the copyright holder might be induced to care when there is money to be made.
Sorry I don't have a better answer.
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Isaac
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