Whoever took the photograph owns the copyright to it (the "author").
The only way the photo would not be "copyrighted" is if the author
surrendered the copyright to the public domain (I see no evidence of
that happening) or if the photo was so old (more than, say, 150 years)
that it had entered the public domain by operation of law, and I know
that cannot be the case. It is a common misconception to ask whether
something is or is not "copyrighted." A copyright springs into
existence at the moment the author creates the work, i.e., takes the
photo, and lasts for the life of the author plus 70 years. So yes,
the photo is copyrighted. Do not be confused by the separate process
of copyright registration--you may register the copyright in a work if
you are the author, but registration has nothing to do with the
creating and validity of a copyright. So, the correct questions are:
who owns the copyright and how do I get permission to create a
derivative work, not ?is it copyrighted.?
By creating an oil painting of the photograph, you are creating a
derivative work and need the copyright owner's permission. I see that
rainbow is making inquiry; once you find out who the owner of the
copyright is, I suggest you obtain a license (permission) to create a
derivative work (the oil painting). |
