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cc-licenses - Re: [cc-licenses] License , copyright issues

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Subject: Development of Creative Commons licenses

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  • From: Peter Brink <peter.brink AT brinkdata.se>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] License , copyright issues
  • Date: Sat, 30 Sep 2006 18:45:43 +0200

Sunny Alanoly skrev:
Sir,
We are in India, a printing press intend to re-print old paintings of master painters like Raja Ravivarma(Indian), Michelangelo, Davinci, Carvaggio, Paul Rubens etc. to name some.

We get small pictures from publications and from Net; re-paint them by expert artists, scan and print to be distributed through Art shops. Initially we sell in India alone, but if demand may sell through Net/ebay.

1. Is any copyright existing to the above artists, most of them died more than 200 years ?
2. If yes, what has to be done to reprint them lawful ways ?
3. I noticed many studios offering high resolution digitized file
copies of such paintings at a high price on Net. If copyright is existing, how they offer them to sell ?
4. Is a list available anywhere to find a list of a copyrighted as well as non-copyrighted Artists ?
5.Also I found a list of patent-free public domain, where it is said no patents & copyrights are existing on Paul Rubens works. Can I re-print Rubens work ?

Hmm, this list is not exactly a "Copyright FAQ" list, but I do feel that one should try and enlighten people on copyright matters whenever one can. Please have a look at India's copyright act, http://www.wipo.int/clea/docs_new/en/in/in007en.html (Wipo's site is in fact a gold mine since it allows you to in a very time effective way compare various nations copyright acts).

To answer your questions:

1) The copyright in artistic works lasts "until sixty years from the beginning of the calendar year next following the year in which the author dies". So if the artists died 200 years ago those works are in the public domain. NB! It's the "original" paintings that are in the PD. Photos of those paintings are (in India) protected "until sixty years from the beginning of the calendar year next following the year in which the photograph is published".

2) If you have access to the original works you may take your own photos...

3) See 1) above, they have an independent copyright in the photographs.

4) See "Chapter X: Registration of Copyright" in India's copyright act (see link above).

5) While it's true that all the great 16th and 17th century masters works are not copyright protected, the owners (museums mostly) have the right to allow or disallow the taking of photographs of the paintings they own. In effect this means that any reproduction you may have is protected by a copyright to the photo of the painting. However, you are (in most cases) free to go to a museum and make your own reproduction by hand...


Hope that helps,

Peter Brink




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