Copyright Question - Photo of an Old Painting

Discussion in 'General Chat' started by Rasczak, Aug 24, 2013.

  1. Rasczak

    Rasczak
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    Quick question for any copyright lawyers out there...

    I have taken a photograph of an old (300+ years) painting and am keen to reproduce it to illustrate an article I am writing. The painting itself is now in public ownership and clearly the artist and his immediate descendants are long since dead. Is the painting still subject to any sort of copyright? Having Googled the question it doesn't seem clear cut for the UK although I can't find an answer for something this old.
     
  2. Duncan G

    Duncan G
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    Publish and be dammned. :smashin:


    OOPS.:blush:
     
    Last edited: Aug 24, 2013
  3. Duncan G

    Duncan G
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    Publish and be dammned. :smashin:

    I think if you credit the artist and the person/organisation that owns the picture you would be safe.
     
  4. MrSossidge

    MrSossidge
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    If it is to be used in an editorial way then I think you are fine. If you are printing the photo and selling them commercially then you could be in bother.
     
  5. Rasczak

    Rasczak
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    Thanks all - the photo is for editorial use in a non-profit making capacity. I've decided to send the relevant owning body of the painting a letter asking if they have any concerns/issues.
     
  6. Liquid101

    Liquid101
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    This is the sensible thing to do.

    However, don't be surprised if they want to charge you a license fee to use the image. Especially if it's a museum, public gallery etc.

    May I ask how you made the photograph? Most public galleries have strict no photography rule to protect copyrighted work, and for conservation reasons. While the gallery can't assume copyright for this kind of material, they can charge a reprographic fee for producing an image on your behalf.
     
    Last edited: Aug 24, 2013
  7. Rasczak

    Rasczak
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    Photo was taken by myself. There was no bar on photography - quite the opposite as it was explicitly allowed - I presume because the painting was isolated in a sealed cabinet behind security glass.
     
  8. innersense666

    innersense666
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    You will be fine
     

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