Legal Question in Intellectual Property in California

Derivitive work from Art in the Public Domain

Hello,

I am an artist and I have created a painting that is closely based on an old peice of art that is now in the public domain. I changed the background from a forest to outerspace, painted a different face and hair and painted a surreal design over the body, but someone did recognize it as based on the original. So my question is: Is that what is called a derivitive work? And is it legal to create derivitive works from art that is in the public domain?

Thanks in advance for any advice!


Asked on 8/24/03, 12:55 am

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Derivitive work from Art in the Public Domain

Work in the public domain is available for use by anyone. (However, it can be difficult to determine whether a work is in fact in the public domain because of changes in copyright law over the years, and it is best to check with an expert with regard to a given work.)

Be aware, however, that if you base a work on a public domain work, you can claim ownership of only the changes you bring to the work, and not to the part in the public domain. Which is to say, you can't stop anyone else from also using the underlying work.

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Answered on 8/24/03, 2:06 am


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