Legal Question in Intellectual Property in Texas

In the future do not post your name, Jasper. That is unwise on several levels.

Answers:

1. Yes. All artistic works prior to 1881 are now public domain, since the term would have expired. The most recent law (PL 102-307) extended pre-1976 registrations to a maximum of 95 years. For pre-1976 copyrights, lifespan of the author (which is important for post-1976 copyrights) is irrelevant as to term of protection.

2. No. You mean "and there is no copyright registration" not "and there is no copyright", since copyright is automatic while registration must be obtained through application and payment of a fee. A photograph or drawing will usually add something artistically new which might be separately copyrighted and thus subject to copyright protection as to that which was added and to the modified version so produced. Unless you copy the original work you cannot be sure you are safe from copyright infringement. The best procedure there is to find out who made the photograph or drawing and call or email them and ask if it is public domain, and if not can you have permission.

If this is a large commercial undertaking with significant value on your part, Jasper, you need a copyright lawyer (you can reach me at 618-462-3450) since it is clear you do not yet have a firm grasp on the legal principles of copyright law. If it is just an academic question or you cannot afford that, then the above will have to do.