Because the death date is 70 years before
the present year. Even though that is technically for unpublished works, it’s
a rough guideline for previously published works too.
Here’s a handy chart: http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm
and http://www.copyright.cornell.edu/training/copyrightterm.pdf
However, as others have noted, there is a
body of caselaw that may affect specific artists, artworks and types of art. There
are also artist’s descendants who have formed foundations and other
bodies to hold on to the artist’s copyright (Picasso and Calder come
immediately to mind). Please consult an intellectual property attorney to
properly advise you on these thorny issues.
Julia Muney Moore
Public Art Administrator
Blackburn Architects,
(317) 875-5500 x219
From:
Sent: Wednesday, September 26,
2007 5:18 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Owning the
image of an artpiece
“If the artist died prior to January
1, 1937, the copyright has likely expired so you probably don’t need to
ask the artist’s estate.”
What’s special about 1/1/37?
Sincerely,
Robert Panzer
Executive Director
VAGA (Visual Artists and Galleries Association,
Inc.)
350
Tel: 212 736 6666
Fax: 212 736 6767
email: [log in to unmask]