Legal Question in Intellectual Property in Massachusetts
Permission Needed If Before 1923?
As a hobby, I'm creating craft-type jewelry I would like to sell, and I would like to incorporate photos of stained glass windows from churches built before 1923. Even though we are taught the definition of a church is its people, I don't think churches naturally fall under public domain as do government buildings, for example - - do they? Is it ok to use illustrations of stained glass from a book published before 1923 or do I still need to get permission from the church where the stained glass windows resides? Are photos of stained glass from churches built before 1923 considered public domain for the person who actually takes the photo today? Even though the window and/or Church building were in place before 1923 - - does that photo taken today belong to the Church, whereby permission would be needed in order to use parts of that photo for commercial use - - in my case, as part of a jewelry design? In other words, can the photographer use part of that photo to create a piece of jewelry? Does using all or part of the photo make a difference? In using that photo for the jewelry design, whether part or all, does it make a difference if it is predominant in the design of the jewelry or not? THANK YOU!
2 Answers from Attorneys
Re: Permission Needed If Before 1923?
Pre-1923 stained glass windows are public domain, so you don't need anyone's permission to create and use reproductions of the windows. A photographer's work is separate from the window; thus, a pre-1923 photograph or illustration from a book is also public domain, while a later image would not be.
Best wishes,
LDWG
Re: Permission Needed If Before 1923?
As the prior answer notes, you avoid the copyright issue (which you may avoid in any event, if the church has not taken good care to copyright its windows, or the artist has not). You may, however, want to recall that courtesy is good business. At the very least, you should notify the churches involved. This will satisfy the sense of propriety you seem to be noting. If you can arrange to get the churches a reduced-price copy of the final book, so much the better.
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