Legal Question in Intellectual Property in Iowa

copyright for art works

Can I legally copy the work of a "great artist", (either exactly or to some extent), on a clay pot for decoration, and sell the pot without giving clear credit to the artist? What rights exist to protect artists' works? I want to know this not only in terms of being able to "copy" an artist's composition in a new form (and sell that new form), but also in terms of potential interest in protecting my own work.


Asked on 10/17/99, 10:36 pm

1 Answer from Attorneys

Todd Epp Abourezk & Epp Law Offices

Re: copyright for art works

Perhaps you can legally do what you want. However, if a work of a "great artist" is still covered by copyright protection and has not fallen into the public domain, then you cannot do what you describe without licensing the work from the rights holder. Copyright law not only protects rights holders from direct copying but from others making derivative works as well. As to US copyright registrations, you can do a search at the United States Copyright Office (browse http://www.loc.gov for more copyright information), which is a part of the Library of Congress. In the US, I am not aware of any right of attribution for works that have fallen into the public domain. However, if you plan to sell your works outside of the US, some other countries, particularly EU countries, do recognize "moral rights" of artists, including the right of attribution. You should seek legal counsel and provide them with additional details. Good luck!

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Answered on 10/18/99, 6:06 pm


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