Legal Question in Intellectual Property in Illinois

Is it illegal for me to sell a reproduction of the Mona Lisa if it is made out of legos instead of paint and I don't associate the painting's name or the author' name of the original painting with the reproduction (assuming Davinci just died a year ago) during sale?


Asked on 11/02/09, 2:35 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

If da Vinci died last year (which he did not, he died in 1519), he would still own copyrights to the Mona Lisa. If you make a reproduction of a copyrighted work in any medium, adding your own creativity, your work is called a "derivative work." Making a derivative work requires permission or license from the copyright owner. Failure to obtain permission or license from the copyright owner for rights to make a derivative work is copyright infringement.

While the above answers your question, I would like to point out two things: 1) sale of a copy or derivative work is not a necessary element of copyright infringement; and 2) neither the failure to name the original artist nor giving credit to the original artist negates copyright infringement.

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Answered on 11/08/09, 11:40 am


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