Public Domain Images

[JJM]

What is the name of your state? IN

I'm under the impression that anything that was published before 1923 or has an author that has been dead for 70 years is in the public domain. So my question is how can the Museo Nacional del Prado Madrid own the copyright to the picture here which was painted in 17th cenutry? I was going to use the image in a retreat I'm helping with but now I'm confused.

 

[divgradcurl]

What is the name of your state? IN

I'm under the impression that anything that was published before 1923 or has an author that has been dead for 70 years is in the public domain. So my question is how can the Museo Nacional del Prado Madrid own the copyright to the picture here which was painted in 17th cenutry? I was going to use the image in a retreat I'm helping with but now I'm confused.

Because that photograph of a public domain work is covered by copyright. Now, you could take your own photograph of the public domain work, or otherwise make your own copy of the public domain work, that's fine -- but if someone else makes their own copy or photograph of a public domain work, then that particular copy or photograph IS covered by copyright. I guess another way to look at it is, the subject matter of the photo is still in the public domain, but the photo itself, which represents the artistic skill of the photographer, is covered by copyright.

 

[JJM]

what about this

 

[divgradcurl]

That's a district court case, so it's only controlling law in NY. Legally, until the reasoning in that case is upheld in a court in IN, it doesn't affect you.

However, from a practical perspective, what do you think the chances are a museum in Spain will travel to IN to sue you for copyright infringement? Unless you are planning to use this photo commercially, it seems that your use, even if infringing, would be unlikely to be enforced. The risk is always there, of course, but it seems unlikely.

 

[JJM]

That's a district court case, so it's only controlling law in NY. Legally, until the reasoning in that case is upheld in a court in IN, it doesn't affect you.

However, from a practical perspective, what do you think the chances are a museum in Spain will travel to IN to sue you for copyright infringement? Unless you are planning to use this photo commercially, it seems that your use, even if infringing, would be unlikely to be enforced. The risk is always there, of course, but it seems unlikely.

That's true thank you for the information.