Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question.
are you there?
This would be known as a derivative work, which under 17 U.S.C. § 101 is defined as "a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship."
This all means that the creator of the painting holds the copyright to the painting and, unless they've expressly given permission for its use, making a anything based on the painting would infringe the artist's copyright. In terms of US copyright law, only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. You may be able to obtain permission to use a painting for a derivative work, but you must get permission.
Ok. I dont understand alot of that. ha. if I take the abandoned painting and repurpose them into modern textiles-clothing, upholstery ect.. can the artist come after me?
The painting being donated doesn't mean that the artist doesn't have a copyright still.
how much would I have to change the art to make it ok?
is copyright automatic or do they have to file?
Also, the fact that you purchased the art doesn't mean that you own all copyright to the painting. Instead, in order to have complete ownership of the item - - including the intellectual/copyright rights, you would have to purchase them separately from the aritst.
You would have to change the reproduction enough to leave no connection between the two.
If one resembles the other, then the artist could claim copyright infringement.
Also, a copyright is automatic and is created the instant that the work is created. There is no requirement to file a copyright.
If there is no filed copyright, common law copyrights are available.
The easiest thing would be to ask the artist for a license to use the image.
Usually, this is not cost prohibitive and is something that will allow you to avoid being sued.
the problem is that alot of them that I get fron salvation art have no signature or anything to identify the artist
the problem is that alot of them that I get fron salvation army or goodwill or garage sale art have no signature or anything to identify the artist
Ok. I certainly can see that is a difficult issue.
However, you don't have the right to reproduce the image as the owner because you don't own the copyright rights to it.
But, it would be equally difficult for someone to claim that it is his/her painting if it is not signed or otherwise identified.
Thus, the likelihood of being sued is very slim because there's no way to identify who painted the picture. But, legally, whoever the artist is would hold the copyright to the painting - - but the artist would have to prove he/she is the one that painted the image, which would be hard to do.
didnt like stepped out
I'm not sure why you rated this as being poor service. I answerd your question, and provided you with the law. As I said, you can't use the image without the artist's permission - botXXXXX XXXXXne. If there is no artist listed, then you may be stuck because if the artist revealed himself/herself to you at a later date, you would have legal exposure.
Is there something that I missed?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).