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Art Community | Emerging Artists | Question Barb, Arlene, etc | More on Copyright
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Subject: More on Copyright

Posted By:  kwaja ali
Msg #:
Posted On:  9/29/1999 3:34 AM Viewing 16 of 21 Replies

Barbara Niles is on the right track but some of her information is askew. The old copyright law gave artist's (and writers, etc.) copyright for 28 years, after which it had to be renewed.
The artist's heirs and assigns could then continue renewing the copyright interminably after the demise of the artist.
Contrary to what she maintains in an earlier posting, the new law gives the copyright to the artist for his or her lifetime and the LIMITS the copyright to 50 years after the artist's demise for his heirs and assigns.
At the end of the 50 years the artwork becomes Public Domain, and if you want to put it on a calendar or a greeting card and sell it at a street fair, you cannot be prosecuted.
Naturally, it seems unlikely that any ARTIST would desire to do these things, but your average avaricious entrepreneur might be so inclined.
Although the contents of a coffee table art book which contains a reproduction of the Mona Lisa may indeed be copyrighted by this or that author, editor, or publisher, never forget that the LAW is above all contracts.
Anyone can place a copyright symbol on anything, and the government is asleep at the wheel. The Mona Lisa may be owned by a nation or a specific museum, but you may do as you wish with its image and likeness. I assure you, there is no living person who can produce a legitimate copyright claim to the Mona Lisa.
I am sure the Da Vinci family wishes they still held title to the actual painting, considering its current market value, but they have every right to make little Mona Lisa lapel buttons and sell them on the street in front of the museum where it hangs, provided that city issues street vendor's licenses.
You have little to fear from the distant past, but Barbara Niles is basically correct when she tells you that people get sued all the time for art copyright infringement. It is not an unwise move to secure a Model's Release Form from anyone whose visage is used in your paintings; particularly if they are famous.
But even if they are merely regular people, as soon as you paint them they become MODELS, and if you make money on their faces, they are entitled to remuneration.
My advice, exercise common sense. Be original whenever possible. Copy for exercise, not for profit. Buy a camera and take your own photographs. Be happy.

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