Copyright or Trademark Infrigement products?

Discussion in 'Legal Issues' started by Goma, Jul 16, 2007.

  1. #1
    Is it copyright or trademark infrigement if you produce products that have pictures of paintings from picasso or like hte monalisa.

    I heard that stuff that are 100s of years old theres no copyright or trademarks to them. Is this true?
     
    Goma, Jul 16, 2007 IP
  2. Geoffrey

    Geoffrey Banned

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    #2
    Yes, it is definitely a breach of copyright to produce items with the Monalisa or Picasso, they have giant organizations behind them. I suggest you don't use them for producing, you could get into A LOT of trouble.
    Hope I've helped :)
     
    Geoffrey, Jul 16, 2007 IP
  3. bluegrass special

    bluegrass special Peon

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    #3
    It depends on when the art work in question was created. The Mona Lisa is in the public domain. Much of Picaso's work is still copyrighted as he was alive from 1881-1973. Usually, if the work is over 100 years old it is safe. However, it is best to check any individual work as there can be circumstances that extend the copyright. Do a Google search for Picasso copyright and you will find the organization that handles copyright requests for Picasso's work. I'm sure they can answer your questions about his work.
     
    bluegrass special, Jul 17, 2007 IP
  4. The Pheonix

    The Pheonix Banned

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    #4
    Yes it is copyright infringement and it doesn't matter one jot whether its in the public domain. The instant a work is created it becomes subject to copyright.

    Work is subject to copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

    1. literary works;
    2. musical works, including any accompanying words
    3. dramatic works, including any accompanying music
    4. pantomimes and choreographic works
    5. pictorial, graphic, and sculptural works
    6. motion pictures and other audiovisual works
    7. sound recordings
    8. architectural works

    Rather than me cut and paste any more from the copyright.gov website you can follow this link http://www.copyright.gov/circs/circ1.html#wwp

    It should help you on your way.:)
     
    The Pheonix, Jul 17, 2007 IP
  5. browntwn

    browntwn Illustrious Member

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    #5
    100% wrong. Your information is most unhelpful.

    The Mona Lisa is in the public domain. Where you need to be careful is that using someone else's photo of it can be copyright infringement. However, if you use your own photo, you have no problems using an image of the Mona Lisa. There are many other ways to use the image of the Mona Lisa.

    In short, the Mona Lisa is not protected by copyright and you are free to use the image for any purpose, even commercial.

    That does not make sense. If something is in the public domain, as that term is used legally in copyright, that means there no valid copyright and anyone can use it. See Public Domain: "When the copyright, patent or other proprietary restrictions expire, the work enters the public domain and may be used by anyone for any purpose."

    Also, while the Mona Lisa is a type of work that can be copyrighted, it is so old as to no longer be protected by any copyright. Copyrights do not last indefinitely.
     
    browntwn, Jul 17, 2007 IP
  6. bluegrass special

    bluegrass special Peon

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    #6
    From the US Copyright Office (obviously this applies only to US copyright, each country will be slightly different)

    How long does a copyright last?
    The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.
     
    bluegrass special, Jul 17, 2007 IP
  7. The Pheonix

    The Pheonix Banned

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    #7
    Wikipedia is a joke, its written by amateurs, don't go by that. Go by statute books written by the Governments.

    Saying that, here's a simple guide to look at for you, hope it helps...
    http://inventors.about.com/library/bl/toc/bl_copyright_expire.htm
     
    The Pheonix, Jul 18, 2007 IP
  8. browntwn

    browntwn Illustrious Member

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    #8
    Yeah wiki is crap, but in this case, they describe Public Domain accurately. Everything I said was correct, so why point me to another useless site. About.com is no authority on copyright issues, lol.

    Anyway, I have a full legal library at my disposal, but just to show someone what 'public domain' means, it was easier to link to wiki.

    Also, the about.com link proves my point and proves you wrong. It accurately says that anything created before 1923 is in the public domain.
     
    browntwn, Jul 18, 2007 IP
  9. bluegrass special

    bluegrass special Peon

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    #9
    Well, anything created in the US before 1923 has lost its copyright. That may not be the case of with Picasso's works as he lived and worked in Europe. The Mona Lisa, however is way too old for copyright in any country.

    The Pheonix: if you don't think that wiki or about provides good information, how about the information I provided from the US Copyright Office's FAQ? I'm pretty sure that they are the authority on the subject in the US.

    Here is more from them that deals specifically with public domain:

    Where is the public domain?
    The public domain is not a place. A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.

    copyright.gov/help/faq/faq-definitions.html#public_domain

    link for previous post:
    copyright.gov/help/faq/faq-duration.html#duration
     
    bluegrass special, Jul 18, 2007 IP