#967618 - 07/17/01 04:16 PM
copyright issues - cover art and older music
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jnorman
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suppose i want to use a painting by van gogh on the cover of a CD - how do i know if it is copyrighted by some art museum or somebody? it sounds like everything "published before 1923" is in the public domain and is not under copyright - does that mean that i can use any painting or photograph that was created before 1923 without worrying about copyright? and does the same rule apply for all music written before 1923 - i.e. can i record it and release it on a commerical CD without any mechanical license?
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jnorman
sunridge studios
salem, oregon
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#967619 - 07/17/01 07:42 PM
Re: copyright issues - cover art and older music
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d gauss
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quick answer is no and no. pictures are harder to track rights to, but for music, go to http://www.harryfox.com....
-d. gauss
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#967620 - 07/17/01 10:42 PM
Re: copyright issues - cover art and older music
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Bonafide
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Registered: 06/18/01
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Loc: Santa Barbara, Ca.
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Hey Dguass,
Did I just read that right? I went to site and it say's .775 cents per song. OR is that per disc sold? I was a little confused. I did see that it said you could obtain a mechanical license for 2500 copys or less.
Cheers.
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#967621 - 07/17/01 11:07 PM
Re: copyright issues - cover art and older music
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surfjunkie
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Registered: 07/04/01
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7.55 cents per song PER DISC.
it adds up...
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#967622 - 07/17/01 11:21 PM
Re: copyright issues - cover art and older music
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surfjunkie
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btw:
which van gogh painting were you thinking of using? (i don't know copyright info, but it's probably not legal to use it)
i saw paintings of his i had never heard of at the van gogh museum in amsterdam- a series painted to look like japanese woodcuts, but in his style. very cool.
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#967623 - 07/18/01 05:44 PM
Re: copyright issues - cover art and older music
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Jim Aikin
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Originally posted by jnorman:
suppose i want to use a painting by van gogh on the cover of a CD - how do i know if it is copyrighted by some art museum or somebody?
There are two issues here. In all likelihood, the Van Gogh image itself is public domain. The guy died in 1890, I believe, so even at life + 75 years it's PD now. However: Unless you can get to the painting itself with a camera in your hand (not too likely, as museums tend to frown on that sort of thing), you'll be forced to use someone's photo of the painting. Their photo will not be public domain, so you need their permission to reproduce it.
--JA
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#967624 - 07/18/01 08:00 PM
Re: copyright issues - cover art and older music
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jnorman
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Loc: salem,OR,UNITED STATES
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thanks jim, but i think, from what i have read about PD, your last comment is not correct. as a "record" photograph which documents a piece of art, it is not considered a "creative work", and is therefore not copyright-able. it is akin to lifting any type of factual material from any source - factual materials are not covered by copyright. please correct me if i am misunderstanding this.
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jnorman
sunridge studios
salem, oregon
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#967625 - 07/19/01 04:05 AM
Re: copyright issues - cover art and older music
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S_Gould
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Registered: 03/27/01
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Hmmm, I think you'd better consult a real authority, because I'm pretty sure Jim is right. I've seen the copyright symbol on photographic reproductions of many, many paintings - most of them hundreds of years old. The copyright holders' names, when present, were usually museums. HOWEVER, if you can find an art student who has PAINTED a copy, I'm sure he'll let you photograph it to your heart's content.
Scott
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#967626 - 07/19/01 07:53 PM
Re: copyright issues - cover art and older music
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surfjunkie
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you can sample james brown for free if you make the sample unrecognizable-
throw that van gogh into photoshop.
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