Re: Re: Use of a portion of a painting in a brochure

From: Joseph Pietro Riolo <riolo[_at_]voicenet.com>
Date: Mon, 21 Feb 2005 16:55:00 -0500

On Thu, 10 Feb 2005, Graham Henderson <shenders[_at_]wellesley.edu> wrote:

>

> The image of "View of Mexico City" that they would like to use is from a
> book, published in 1997.

Sorry that I was not able to provide a timely response.

Now that the image is an art reproduction, the next question to answer is whether the original work of painting is in the public domain. The date when painting was first made is not sufficient to form a basis for the public domain. Under the old copyright law, the clock starts when a work is first published. What makes it more difficult is that the copyright law has strange meaning for "publication". At this point, it is best that I direct you to the excellent book that I recommended before, _Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More_ by Attorney Stephen Fishman.

Joseph Pietro Riolo
<riolo[_at_]voicenet.com>

Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 5,062

Public domain notice: I put all of my expressions in this post in the public domain. Received on Tue Feb 22 2005 - 02:55:00 GMT

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