Cottage Grove, OR asked in Copyright for Oregon

Q: Is a piece of folk art, created in 1831, owned by a museum, in the public domain for the purposes of creating a likenes

The museum acquired the piece in 1941 and declares that the website image is in the public domain with no restriction on use. The item is a cross stitch sampler. I want to create and copyright a pattern for others to use to recreate the sampler. I intend to profit from my use of the likeness of the original. I would create the likeness and pattern solely from public domain image.

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: Depends. You should consult with an attorney and make sure you understand the terms and conditions of the museum.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Intellectual Property Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: Most likely it is in the public domain by now, but creation date is not the key for copyright, but the date of publication.

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