Legal Question in Intellectual Property in New York
Using works of art to improve an existing commercial product
Dear Sir or Madam,
I have an idea to improve an existing product by using representations of famous paintings on that product. I want to copyright my idea by submitting drawings of the existing product with different famous works or art, and then I would like to send my idea to various companies who produce the product to see if they might be interested.
Can you tell me please if this is legal and ethical? I understand that older works are in the public domain - so a representation of say, a Monet painting might be acceptable; but I'm not sure about this, or about more recent works or art such as a Kandinsky or a Georgia O'Keefe.
I have seen famous paintings reproduced on posters for sale, postcards, and even some things like playing cards. I am not sure if it is permissible to use them for my product idea (it is an everyday, home decorating product; for example, throw pillows).
Can you please advise me on this matter? Thank you - I am grateful for your time and attention.
1 Answer from Attorneys
Re: Using works of art to improve an existing commercial product
Whether or not a work is in the public domain can be dicey, especially when you get into the realm of international copyright law, where you have squarely placed yourself. You should check the copyright status in the country of origin as well as in the countries wherein you plan to sell, even for older works (Monet may still be covered).
If a work is protected by copyright, you may still be able to use it with the written permission of the copyright owner. This may involve your paying a licensing fee.
Within the limitations of copyright, I see nothing illegal or unethical about your plan, and I wish you luck.
Feel free to contact me directly with any further questions.
Nancy Delain
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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