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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
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Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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If an artist has completed a drawing using pencil as their

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If an artist has completed a drawing using pencil as their medium. Another artist has a copy (print) of the original pencil drawing and duplicates the portrait (with a few changes) using oil as their medium. Can this second artist sell their oil painting?

Thank you for your question. Please permit me to assist you with your concerns.



What you are describing is called a 'derivative work'. The new painting is based upon the drawing and design of a previous artist. That image is copyrighted to the initial artist. Hence, the artist owns that image and images based on the initial design. The new artist must either obtain permission from the initial artist, or pay him a royalty for basing his work on the initial design to legally sell or transfer this new painting to someone else.



Hope that helps.

Dimitry K., Esq. and 2 other Intellectual Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. That is very clear.



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