Legal Question in Intellectual Property in Florida
My daughter, an art student, has made a painting from a still taken from a movie. She has done several from different movies.
Would she be able to sell copies of these paintings on Ebay without infringing on the movie rights?
1 Answer from Attorneys
The paintings are what we call "derivative works." Your daughter owns copyrights to the derivative works which are her own artistic creation (the paintings). However, to create a derivative work, one must have permission from the original copyright owner (the owner of the work from which the derivative work was derived). Without permission from the original copyright owner, the work is an infringement on the original copyright owner's rights.
So, the short answer is, no, without permission, she cannot sell the paintings on Ebay without infringing the movie owner's rights.
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