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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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Hi,Ive inherited art from my recently deceased aunt. She

Customer Question

Hi,
I've inherited art from my recently deceased aunt. She was prolific, had a large international following, and I've decided to sell some of the art on a web site since I already have many of her beautiful watercolors.
Am I protected by her copyright as her inheritor so others may not reproduce images of the art they purchase?
I believe her copyright gave her exclusive rights to reproduction in most cases as printed on her posters and greeting cards. The originals do not have a copyright stamps on them.
Also, how do I protect the images from theft while they are on my website?
I am uneducated about copyright laws. Can you please help?
Thank you, XXXXX XXXXX
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you.

BizIPEsq. :

You are correct to assume that the images are protected by copyright. Every work created is automatically protected by copyright. There are a few issues you should consider:

BizIPEsq. :

1) if you are concerned about copying then you also need to find out if your aunt registered the copyrights with the copyright office. Registering the work would give you the maximum protection. Otherwise, for the most part the damages you can claim if there is an infringement are limited

BizIPEsq. :

2) another issue is that generally speaking when you sell a work of art you also sell the copyrights associated with it. To prevent your buyers from copying the works you would also need to enter into a license agreement with them

BizIPEsq. :

As far as "copyright stamps" there is no such thing as a copyright stamp. In the past the symbol circle C used to be noted on the work but these days that is not necessary. As noted every work is automatically protected by copyright, but to be able to claim that protection you would also need to register the work with the copyright office.

BizIPEsq. :

As far as protecting the images from being copied while being displayed online, there are ways to prevent visitors from being able to copy images, you would need to discuss with the website's webmaster about deploying copy prevention measures.

BizIPEsq. :

In conclusion, your best measure of legal protection is to register the works with the copyright office. The may have already been registered you you would first need to find out if your aunt did that and then either assign the existing registration to yourself or newly register.

BizIPEsq. :

Thank you for allowing me to assist you.

BizIPEsq. :

Please rate my service.

Customer:

Thank you for the clarifications. One last question please?

BizIPEsq. :

sure thing

Customer:

If I sell a piece of art along with the copyright, and I make digital images of that work to sell, would I be in violation of copyright laws?

BizIPEsq. :

Generally yes because then you would not hold the copyright to the image then. A simple way of doing this legally would be to give yourself a license where you reserve the right to reproduce the image digitally or not to sell the copyrights and only sell the right to use art

BizIPEsq. :

cheers

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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