OK, I'll take a stab at this. Keep in mind I'm not a lawyer.
I'll divide this up into different categories...on the assumption that now, photographic reproductions of out-of-public-domain artwork are no longer legally copy protected as property neither of the museums holding the art nor the photographers.
Rosanne said:
LOL! So I have bought a reproduction deck of cards, the originals are held by a Museum, can I have a card from that deck printed on to a T shirt?
Legally: No. You are reproducing a physical object (the deck of cards) that belongs to the producer of the deck of cards. (Like US Games owns their versions of the RWS deck that is reproduced on their physical cards.)
Ethically: No. Borderline, though; does the museum sell a tee-shirt? Why not buy the museums tee-shirt?
Practically:Sure you can on your own printer from your computer.
Rosanne said:
I have a very good reproduction of a painting from a museum that is 600 years old- can I make beer coasters from that reproduction?
Legally: Maybe. It depends on what the reproduction is. If it's a digital version of a photograph, you're ok.
Not if you are reproducing a physical object (such as a print) that belongs to the producer of that physical object. (Like US Games owns their versions of the RWS deck that is reproduced on their physical cards.)
Ethically: No. Borderline, though; does the museum sell beer coasters? Why not buy the museums beer coasters?
Practically:Sure you can if your local print shop doesn't require proof of rights to the artwork you're using.
Rosanne said:
Can I give the T Shirts as presents?
Legally: Maybe. It depends on what the reproduction is. If it's a digital version of a photograph, you're ok.
Not if you are reproducing a physical object (such as a print) that belongs to the producer of that physical object. (Like US Games owns their versions of the RWS deck that is reproduced on their physical cards.)
Ethically: No. Borderline, though; does the museum sell tee shirts? Why not give the museum's tee shirts as gifts?
Practically:Sure you can, if your print all the tee-shirts yourself or your local print shop doesn't require that you prove ownership of the rights.
Rosanne said:
Can I sell the beer coasters?
Legally: Maybe. It depends on what the reproduction is. If it's a digital version of a photograph, you're ok.
Not if you are reproducing a physical object (such as a print) that belongs to the producer of that physical object (the museum). (Like US Games owns their versions of the RWS deck that is reproduced on their physical cards.)
Ethically: No. You are competing with the museum in selling beer coasters that supports the museum's ability to make that artwork available to the public and you haven't contributed to the artist, the museum, nor the photographer.
Practically: Depends.
If you are using a digital copy of a photograph provided by the Museum, the Museum can no longer go after your eBay ad.
If you are using a photograph you took of a physical object (Print), they still can b3ecause you have slavishly reproduced their physical object that they created.
If you are using a photograph you took of the original painting in the museum, you're ok.
Also, you need to use a print shop doesn't require proof of rights to the artwork you're using.
Rosanne said:
I have corrupted an old card image, with my drawing skills- can I make an Easter card with this image and sell it?
Legally: Maybe.
A.Is the old card image in public domain?
If you own the card and photographed it yourself, go to town.
B.Is it not?
It depends how much (a % formula) you have altered the original to make it a creative work.
If you are reproducing a physical object (card) that belongs to the producer of that physical object then you need to meet the creativity threshold. (Like US Games owns their versions of the RWS deck that is reproduced on their physical cards)
Ethically:
A. Yes. Give credit to the source image, the originating artist, and any museums or universities supporting that artists' work for the benefit of posterity.
B.Maybe. In my opinion, if you got permission from the originating artist/ or it is clear from your useage it couldn't be mistaken for the origininating artist's work. Definitely give credit to the originating artist and steer fans his/her way.
Practically:
A. Yes
B. Yes
Rosanne said:
I have a photo of a poster on my computer, that was used for advertising, from a new artist- can I photoshop it change the colours and print it. (Something like a Warhol Marilyn Munro
)
Legally: Depends on what you do with it.
Printing it out for your own wall or on your own computer, it falls under "Fair Use". So that's ok.
If you display it to other people, let them know you altered the original artist's work and steer them towards that artist.
If you reproduce it any way--including posting on a website--it may or may not fall under fair use.
If you use it commercially, without artist permission it is probably not enough of a chage to fall under fair use.
Ethically:
Printing it out for your own wall or on your own computer, it falls under "Fair Use". So that's ok.
If you display it to other people, let them know you altered the original artist's work and steer them towards that artist.
Practically:
see the above, you know how this goes...
Rosanne said:
I bought some street art in Italy (very cheap) have not a clue who the artist is- they were a dime a dozen- can I make cards from them?
Legally: No
Ethically: No.
Practically:
see the above, you know how this goes...
Rosanne said:
For myself if the artist was alive and I knew the artist- I would not do a rip off of their work. I do not even copy music CD's or film DVD's- not because it is theft, but because if the artist does not make money- they will stop creating and I will lose in the end. Nevertheless I would like to make Easter cards of this.........
