How do I know a piece of art is okay to use for album art?

Question

The artists name is xx and the piece is called "Sleep". The artists passed away 70 years ago, and her only living relative as well as the collector of her art have both also passed away. The copyright status is unclear as I couldn't find any information on it. Has enough time passed that I am able to use it? Or who would I reach out to for permission?

Sarah Teresa Haddad · Answer

Some album art is considered Fair Use of Copyright under certain circumstances, particularly when used in a transformative way for educational purposes, criticism, or commentary, where only a small portion of the artwork is used, and the use does not significantly affect the potential market for the original artwork.  
 
If its use as Album Art is plainly for a different purpose than the original purpose of which the artwork was created, then it is likely to be a Fair Use, which is an exception to Copyright.   Consider my article on this topic:  
 
https://pendulumlegal.com/is-the-purpose-in-using-copyrighted-material-plainly-different-from-the-original-purpose-for-which-it-was-created/ 
 
If it is likely this different purpose applies in your case, then you may be permitted to use it in this capacity, and copyright would not apply.  You can seek legal advice for this purpose.   
 
If you are not sure if the purpose in using it as album art is plainly different for Fair Use, the US Copyright Office is the primary organization to contact to find out more information in relation to the status of a copyright and copyright ownership.   If the copyright of the artwork has been licensed, this usually does not affect the length of life of the copyright.

James L. Arrasmith · Answer

When determining if a piece of art is okay to use for album art, it’s important to consider copyright laws. Since Anne Ryan passed away 70 years ago, her work may be in the public domain, but that depends on the copyright laws of the country where you plan to use it. In the United States, works typically enter the public domain 70 years after the artist’s death, but this can vary depending on publication details and potential renewals. 
 
If the copyright status is unclear, look into whether the piece was ever published or copyrighted and if any rights might have been renewed. If no heirs or estates actively manage her rights, it is possible the artwork is in the public domain, but you’d want to confirm this to avoid any potential issues. Searching for records in art registries, archives, or museums connected to her work might provide clarity. 
 
If you’re unsure after your research, it’s wise to tread carefully. You might want to consult with someone who can help verify whether the work is in the public domain or if permission from an entity is necessary. This will help you avoid any risks of infringement while ensuring the proper use of the artwork.

Q: How do I know a piece of art is okay to use for album art?