Legal Question in Intellectual Property in Florida

famous painting in personal portrait photo

I am having a picture taken of me in my house for my book. On the wall behind me is a print of Sir Francis Dicksee's La Belle Dame Sans Merci. It is a portrait of me taken in my home where the painting happens to hang. Must I take the painting down to publish the photo?


Asked on 6/20/04, 10:32 am

2 Answers from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: famous painting in personal portrait photo

depends on the view of the painting, if it is only background and not easily identifiable then there may not be a problem. You could always have an editor blur the background a bit.

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Answered on 6/21/04, 10:56 am
Harold Burstyn Harold L. Burstyn Attorney-at-Law

Re: famous painting in personal portrait photo

You should remove it unless you get permission from the copyright owner. You're probably unlikely to be sued if you don't, but the case law suggests that your showing the portrait is an infringement of the copyright (which belongs to the artist or the artist's assignee).

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Answered on 6/20/04, 11:24 am


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