another copyright question

[kio]

scenario: i decid to make some av loop from painting of an artist dead in 1940, the most part of painting are from 1920 to 1930.
i don't think that there will be problem if i play live this clip, but if i decid to make a dvd, a sort of tribute to this artist with original music and recorded video live set, and i decid to sell this product .. what i have to do ?
suggestion, opinion...

[elbows]

Apparently:

"Paintings
Accurate photographs of paintings lack expressive content and are automatically in the public domain once the painting's copyright has expired (which it has in the US if it was published before 1923). All other copyright notices can safely be ignored. "

This guide to travel photography and the law also contains many things of relevance:

http://www.photosecrets.com/p14.html

On the basis of this, you really have a duty to try to determine who the copyright holder for the works is, or if the copyright has expired.

Search the internet for anything to do with that artists, and in particular any books etc that feature photos/prints of his/her art. The books may contain appropriate copyrigth noteices, if not then contact the books publisher - if they arent the copyright holder, they should be able to point you in the right track.

If you intend to have your DVD published by a company that is used to issues like these, they may have an established mechanism for helping clear such issues - copyright clearance.

[wellREDman]

not quite, i got caught short on this while making our Mixmasters session,

if a picture is in a in a museum, which doesnt allow photography then its deemed that you would have had to have got the picture from a book and therefroe owe mechanical copyright to the books publishers,

if you can get away with saying you took the photo yourself then your cool

I ended up having to hand trace about 20 of Leonardo da Vincis anatomy studies to get around this, and all because that German Squatter we call a queen wont let us take pictures or use images of Artwork that she "Holds in trust for the British Public "
cow

[sleepytom]

the law depends on where you live and where you want to sell the DVD

if you are serious about this then i would get the advice of a copywrite lawer - they will be able to explane the exact law for your country.

advice in this forum whilst helpfull should not be read as fact - we are VJs not lawers after all :)

[elbows]

Originally posted by wellREDman
if a picture is in a in a museum, which doesnt allow photography then its deemed that you would have had to have got the picture from a book and therefroe owe mechanical copyright to the books publishers,

I think thats in the event of the item of art itself being out of copyright - there is no copyright on the work itself to worry about, but you still have to worry about mechanical copyright.

|Sleepytom is right, for the legal reality always consult someone expensive enough to know all the horrible details, unfortunately.

[kio]

thanx for replys, i don't undestand the meaning of "mechanical copyright " , the medium and the concept of my work is really different from a book, also if i take picture from a book, the books publisher arent the object of my work,
anyway.
:confused:

[holly]

You need to contact the estate of the artist. They will have all the publication rights and can probably get you much better photos of the artwork than you can get out of books. If your goal is to sell, you MUST contact the estate and include them and do the project with their blessing. If this is just a student or fan project then have fun and don't stress about it.