Q: How can I put a copyrighted painting on a t-shirt and sell it?

A: Search the U.S. Copyright Office records to find out if you even need to ask for permission from the copyright holder, the work may have entered the public domain and be free to use.

**All copyrightable works published before 1923 are now in the public domain** (these works entered the public domain no later than 1997). One wrinkle in this blanket statement is that the publication must have been authorized. Famously, the song "Happy Birthday" was published in 1912 in "The Beginners' Book of Songs" and again in 1915 in "The Golden Book of Favorite Songs." If you were relying on the blanket statement that, "all works published before 1923 are in the public domain," you'd have historically lost a lawsuit on that basis. The current copyright holders of "Happy Birthday" argued that these early publications were unauthorized. They argued that the first authorized publication of the lyrics to "Happy Birthday" occurred in 1935. Using either the 1912 or 1915 versions would therefore infringe on the copyright first secured in 1935.

**If a work was published between 1923 to 1963,** the copyright endured for 28 years after either the date of publication or registration, then the owner could apply for a renewal term with the Copyright Office, which extended the copyright protection to 95 years from that original date of protection (not the renewal date). So, a work published in 1923, in which the copyright owner applied for a renewal, would enter the public domain no sooner than 2018.

To answer your question more directly, contact the copyright claimant and ask them for permission to use the painting in the way that you've described, then, if they ask for payment to do so, ask how much. Ensure you have a written agreement that adequately describes the terms of your agreement. Decide whether hiring an attorney and paying some money now for professional advice is worth avoiding the possibility of having to pay a lot of money later.

A: You'd need to obtain a license from the copyright holder, otherwise you'd be infringing their rights.

See: http://www.aeesq.com/business-law/intellectual-property-attorney/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.