Can a photographer sell copies of photo he took of a famous painting?

2 months 2 weeks ago #750186 by Fitch
OK, I'm pretty sure I know the answer to this, but forum being a forum, I'm going to ask anyway:  let's say you tour a museum that allows photography and you take a photo of of a print of someone who is long deceased.  Don't copyrights expire after someones death?  Would you be permitted to sell that photo?

Let me spin this another way:  If someone was wearing a strong contrasting color (like red) and in front of a famous painting, now the photo shows both the person and the print, making the person in the photo the subject.  But you still see the print clearly.  Would that be fair game to sell?  *You are photographing the persons back as they are looking at the print.*


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2 months 2 weeks ago #750189 by TCav
Complicated question. Generally, the painting belongs to either the museum or a patron of the museum, so it's up to them whether or not you can sell an image of their painting. A lot also depends on the quality of your photograph.

See copyright.nova.edu/sistine-chapel/


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2 months 2 weeks ago #750195 by Fitch
Thank you, I'll check out that link.  So does this mean if my work is crappy, I'll be left alone?   :rofl:


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2 months 1 week ago #750198 by TCav
:unsure: Yeah.


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2 months 1 week ago #750260 by Roger Lang
It depends on a few factors, such as the copyright status of the painting, the laws of the country in which the photographer is operating, and any agreements or contracts the photographer may have with the owner of the painting.In general, if the painting is in the public domain (meaning the copyright has expired or was never established), then the photographer may be able to sell copies of photos they took of the painting. However, if the painting is still under copyright protection, the photographer would need to obtain permission from the copyright owner (usually the artist or their estate) to sell copies of the photo.Additionally, some museums or galleries may have their own policies regarding photography and image use (usually posted on website or in place), which the photographer would need to adhere to in order to avoid legal issues.Overall, it's best for the photographer  (You) to do their research on the specific painting in question and consult with legal professionals to ensure that they are not infringing on any copyrights or violating any laws or agreements.


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1 month 4 weeks ago #750976 by Whynaut
Interesting, had no idea.  This was an interesting read.  Bump for others to read. 


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1 month 3 weeks ago #750990 by Colorado Mike
Now if this painting was from someone still alive, 100% no correct?  


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1 month 1 week ago #751677 by Ivy Winchell
It can't be the main focus of the photo right? 


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