Expert: DJ Murphy - 9/29/2006

Question
Sir,
We are in India, a printing press intend to re-print old paintings of master painters like Raja Ravivarma(Indian), Michelangelo, Davinci, Carvaggio, Paul Rubens etc. to name some.

We get small pictures from publications and from Net; re-paint them by expert artists, scan and print to be distributed through Art shops. Initially we sell in India alone, but if demand may sell through Net/ebay.

1.   Is any copyright existing to the above artists, most of them died more than 200 years ?
2.   If yes, what has to be done to reprint them lawful ways ?
3.   I noticed many studios offering high resolution digitized file
    copies of such paintings at a high price on Net. If copyright is existing, how they offer them to sell ?
4.   Is a list available anywhere to find a list of a copyrighted as well as non-copyrighted Artists ?
5.   Also I found a list of patent-free public domain, where it is said no patents & copyrights are existing on Paul Rubens works. Can I re-print Rubens work ?
Your advice is valuable.
Kindly reply to: Thomas email: signergyprints@yahoo.co.in

Thanks for the time
Thomas


Answer
Hello Thomas,

First of all, I am not an attorney...so my answers are just from my personal observations.

Some artists that died many years ago have restrictions placed on copying the work either from the government where they lived/died.....or from their heirs.  So each might have a different answer as to whether you could legally copy and sell the works.  For example the estate of Elvis Presley still owns all works attributed to his image/recording/movies/etc.....even though he died in 1977 almost 30 years ago.

My advice is to consult a copywrite attorney.....even though you are in India....you can still be sued by holders of the copywrite wherever they may be....especially if you use the internet.

Good luck,
dj murphy