Legal Question in Intellectual Property in Missouri

I own a commissioned piece of artwork , no documents only verbal between and old friend and myself in which I asked her to paint a scene from a picture I supplied to her. We did pay her.

My old painter friend has just died and I'm wondering who really owns the copyright to this painting and what implications I might have regarding the use of the painting in reproductions etc.. If I don't own the copyright on this painting , who does? Thanks


Asked on 2/06/11, 1:59 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

You do, provided you take the proper actions to perfect title to the copyright. It was foolish legally to have only a verbal agreement, as a written work for hire agreement would have easily solved this in routine fashion. Still, if the painter has not already obtained a copyright registration for the artwork, it was specially commissioned for you and you can document you paid her for the work (a copy of the canceled check would do), this can be corrected. This something you need a copyright specialist to handle as it is tricky and must be done right, especially if the painter's heirs have claimed any rights in the painting, and a copyright specialist will save you money by knowing what forms to use and how to use them most efficiently to minimize the cost. I am not aware of any copyright lawyer near Macon, MO, but I live just across the Mississippi River in Illinois and am licensed in MO and am a copyright specialist, so call 618-4623450 and I will be happy to discuss it with you in a free initial consultation to determine if the details of your situation are as they sound and whether the value painting justifies the expense, which is quite low actually .

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Answered on 2/08/11, 5:36 pm


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