Re: Copyright for Paintings

Amelia Rivera <ames1969[_at_]aol.com> wrote:
>
> If I have pictures of paintings (that were taken by the painters
> grandson) and the paintings are NOT under copyright according to the
> Library of Congress, but a museum or private collector holds the
> original painting, do I need permission from the current owner of the
> painting to use them in a book I am producing (for retail sale)?

There are a couple of issues involved in your question. The photographs are reproductions and/or derivative works of the painting. If there is a valid copyright in the painting, then permission may be required from the copyright owner. The existence of a copyright in the painting is the first question. The requirements for federal protection vary depending on when the work was fixed or published. Registration with the Copyright Office is not required for federal copyright protection, so copyright may exist.

    Even if copyright exists, the intangible property of the the copyright is distinct from the tangible copy of the work itself (although there are some decisions under the 1909 Act holding that copyright is also transferred unless specifically reserved). The owner of the paintings may not own the copyright in the paintings as well. This inquiry would depend on when and where the works were sold and the details of the sale. If the copyright was not transferred with the paintings, then ownership of the copyright would have to be determined. Ownership could remain with the author or the statutory successors. Permission for the reproduction or derivative work would be required from the copyright owner. Permission would not be required from the owner of the tangible copies unless this was also the owner of the copyright and the copyright was still valid.

Rob Kasunic
rkasunic[_at_]kasunic.com
Adjunct, U. of Baltimore School of Law Received on Tue Jun 30 1998 - 18:12:56 GMT