Legal Question in Intellectual Property in New Mexico

I have an original painting by a famous (deceased) artist that I would like to sell online. I have been told that the artist's estate is attempting to prohibit anyone online use of this artist's work without payment of a licensing fee. Is it legal to use a digital picture of an original painting to sell that same painting in an online forum (like eBay), or do I need express permission from the artist's estate?


Asked on 10/05/10, 7:49 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You may post a photograph of property you own for the express purpose of selling it without paying a royalty to the estate of the artist. You may not use such an image for any other purpose without the permission of the estate, and whatever license you can negotiate. Particularly, you may not profit from a reproduction of the art work, in any form, without first obtaining the proper license from the estate.

Read more
Answered on 10/11/10, 12:58 pm


Related Questions & Answers

More Intellectual Property questions and answers in New Mexico