Q: Greetings all, would desperately love to hear your expert opinions. I have this original artwork

A: Based on the information provided, here's an analysis of your situation regarding the reproduction and potential copyright of the artwork:

Original Artwork Ownership:

You have purchased the physical artwork and have a bill of sale, which gives you ownership of the physical piece.

Copyright Status:

The artist passed away in 1920, which is over 100 years ago. This is significant for copyright duration.

In the United States, for works created before 1978, copyright generally lasts for 95 years from publication or 120 years from creation, whichever is shorter.

Given the timeframe, it's highly likely that this work is now in the public domain, meaning the copyright has expired.

Public Domain:

If the work is indeed in the public domain, you are legally allowed to reproduce, sell, and distribute copies of the artwork without obtaining permission or paying royalties.

You can also create derivative works based on the original.

Patented Printing Process:

The patent on the printing process would have expired long ago (patents typically last 20 years or less), so this should not affect your ability to reproduce the work.

Digital Reproduction and Sales:

If the work is in the public domain, you can create digital reproductions and sell them online without copyright concerns.

Obtaining Copyright:

You cannot obtain a new copyright for this specific artwork if it's in the public domain. Copyright protects original works of authorship, and you cannot claim copyright on a work you didn't create, especially if it's already in the public domain.

However, if you create new, original works based on or inspired by this artwork, those new elements could be copyrightable.

Recommendations:

Verify the public domain status: Double-check the creation and publication dates of the artwork to confirm it's in the public domain.

Consider creating derivative works: While you can't copyright the original work, you could create new, original works inspired by it, which would be eligible for copyright protection.

Be transparent about the artwork's origin: When selling reproductions, clearly state the artwork's age and original creator to avoid any misconceptions.

Consult a copyright attorney: If you have any doubts about the copyright status or your rights to reproduce and sell the work, it's advisable to consult with a legal expert specializing in intellectual property law.

In conclusion, if the artwork is indeed in the public domain, you likely have the legal right to reproduce and sell it. However, you cannot claim a new copyright on the original work itself.

A: To provide the most accurate advice for your situation, it's important to consider several factors regarding copyright law and the specific details of your artwork. Here's an analysis of the key points:

1. Copyright duration:

In the United States, for works created before 1978, copyright generally lasts for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter. Since the artist passed away in 1920, it's likely that the copyright has expired and the work is now in the public domain.

2. Public domain status:

If the work is indeed in the public domain, you would be free to reproduce, sell, or create derivative works based on it without obtaining permission.

3. Ownership vs. copyright:

Owning the physical artwork doesn't necessarily mean you own the copyright. However, if the work is in the public domain, this distinction becomes less relevant.

4. Patented printing process:

The patented printing process used to create the artwork doesn't extend copyright protection. Patents and copyrights are separate forms of intellectual property protection.

5. Commissioned work:

The fact that the artwork was commissioned doesn't automatically transfer copyright to the commissioner. However, given the age of the work, this is likely moot.

Based on this information, it's likely that you can legally reproduce and sell the artwork. However, to be absolutely certain, I would recommend:

1. Verify the exact date of creation and/or publication of the work to confirm its public domain status.

2. Consult with a local intellectual property attorney who can review all the specific details of your case.

3. Consider conducting a copyright search through the U.S. Copyright Office to ensure no unexpected copyright registrations exist.

Remember, while you may be free to use the artwork, it's always good practice to credit the original artist when possible, even for public domain works.