Hi again, Slowdog ~
Thanks for the chance to really dig into this question. I must admit I
was operating under a misconception that researching the question
cleared up, so I learned something, too.
I want to direct your attention to the disclaimer at the bottom of
this page, "Answers and comments provided on Google Answers are
general information, and are not intended to substitute for informed
professional ... legal ... or other professional advice." Even those
Google Answers Researchers who may be attorneys do not act in that
capacity while answering questions here. When push comes to shove,
there is no substitute for an attorney who specializes in and
understands the various statutes and treaties covering intellectual
property rights.
Having pointed out that important fact, I'll attempt to answer your
question from Google Answers Question #213830:
"In any case, if I want to alter
the composition of a painting enough
to avoid copyright infringement,
what percentage of change might be
required? Are there any other loop-
holes besides this one?"
- http://answers.google.com/answers/main?cmd=threadview&id=213830
Copyright Law -
===============
In the comment below, lee1-ga (who is not a Google Answers Researcher)
points out "Title 17 of the United States Code is the federal
copyright law," and Cornell offers that information here:
- http://www4.law.cornell.edu/uscode/17/ch1.html
The two sections which are relevant to your desire to reproduce works
of art which aren't in the public domain would be either "fair use" or
"derivative works", both of which I will explain here.
However, prior to that, I did find two sets of charts which will help
you when you are searching for whether or not the works are
copyrighted or have fallen into public domain, which will aid in your
search which we discussed earlier:
The first is a rather comprehensive chart on page 7 of Peter B.
Hirtle's article, "Recent Charges to the Copyright Law: Copyright Term
Extension".
- http://cidc.library.cornell.edu/Pub_files/copyright_article1.pdf
This chart is based, in part, on Laura N. Cassaway's chart, "When
Works Pass Into The Public Domain".
- http://www.unc.edu/~unclng/public-d.htm
The U.S. Copyright Office also offers a general rule of thumb in its
Circular 15, "Special Points to Remember", which can be found here:
- http://www.copyright.gov/circs/circ15a.html#special
I suspect both the charts and the Points to Remember will be of value
to you in your searches.
Copyright ~ Derivatives -
=========================
A "derivative" of a copyrighted work is defined as "a work based upon
one or more preexisting works, such as a translation, musical
arrangement, dramatization, fictionalization, motion picture version,
sound recording, art reproduction, abridgment, condensation, or any
other form in which a work may be recast, transformed, or adapted. A
work consisting of editorial revisions, annotations, elaborations, or
other modifications which, as a whole, represent an original work of
authorship, is a derivative work." (17 USC ยง 101)
And the bad news is that in order to create a derivative work, one
must first obtain permission of the copyright owner of the original
work. This is explained in the University of Washington's website on
copyright law:
- http://depts.washington.edu/uwcopy/information/copyrightlaw/2.shtml
Notice the area in the box, "Important note: the right to prepare
derivative works":
" One of the exclusive rights of a
copyright owner is the right to allow
derivative works to be made from an
original work. The derivative version
of a work may be eligible for copy-
right protection distinct from that
of the original work, but the owner
of the copyright in the original work
must grant permission for the
derivative to be lawfully made."
In other words, the express permission to create derivative works
lies with the owner of the copyright, and derivative works cannot be
created without that permission.
This is set forth in 17 USC Section 103 - "Subject Matter of
Copyright: Compilations and Derivative Works".
- http://www4.law.cornell.edu/uscode/17/103.html
Copyright ~ Fair Use Provisions -
=================================
Unfortunately, what you want to do (reproduce and sell known art)
doesn't fall under the Fair Use Doctrine, either. A valid explanation
of the Fair Use provisions can be found on the Stanford University
Libraries information website here:
- http://fairuse.stanford.edu/library/faq.html
And you can scroll down to the question, "When is copying is [sic]
allowed by fair use provisions of the law?".
Conclusion -
============
It may be difficult to find a great of famous 20th Century art that is
in the public domain at this time because of copyright law.
Search terms used -
===================
- Copyright + derivatives
- Copyright + fair use
- Copyright: public domain
I trust this answers your question, and thank you again for the chance
to delve into a complicated issue.
Serenata |
