How do you copyright a piece of artwork you own, but did not paint?
I own an oil painting done about 1930. It was passed on to me after my parents death. I am now wanting to copyright it as I am using it in a dramatic production as the cover art for the program.
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You cannot copyright anything that you did not create. The only way to gain a copyright in something you did not create is to acquire it from the current copyright owner. Moreover, you cannot use a painting as cover art just because you own the canvas. The copyright still belongs to the creator or the creator’s estate unless it has either (a) been sold to another party or (b) passed into the public domain.
Standard disclaimer: I am not a lawyer. The above is based on seminars I’ve taken on copyright law and discussions with colleagues who have studied and/or practiced copyright law. The information may be out of date or based on a misunderstanding. It is always advisable to speak to a practicing lawyer.
@SavoirFaire Hit the nail on the head, if you did create it, you cannot claim copyright. Get a lawyer.
Yes, thirding it. You can’t copyright or patent anything you didn’t create yourself. And if you are using it for cover art on a program you should really look into who might/does own the copyright.
If you use copyrighted art without the permission or authorization, without perhaps paying royalties to the copyright owner, you won’t necessarily end up in a whole lot of trouble, but if the copyright holder sees it or someone who knows them does, you might get a “cease and desist” order from their attorneys that would prevent you from using the programs and you will have gone to a lot of trouble and expense to produce programs than you cannot use.
And seconding @SavoirFaire‘s standard disclaimer because why the hell not?
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