Copyright ownership of 1937 commissioned painting.
Posted: Tue Apr 03, 2012 2:08 pm
Another new user seeking specialist advice, thanks in advance.
I have recently acquired a painting of a dog, signed by a known artist (1937) who died in the 60's. The provenance of the work is that it was believed to be commissioned by the owner and has never been published. My understanding is that the 1911 law concerning commissioned paintings might apply, and as new owner I might now own the copyright. It is potentially a very marketable image, so I wish to establish this point clearly before either looking to reproduce/publish the image myself or negotiate a deal with the well known London based art publishing company who own the artist in question's copyright.
My questions would be
1. Is it a 'portrait' or a subject, and does this matter?
2. As both commissioner and artist are deceased, how much evidence is required to prove the work was commissioned, and whether there was any agreement re copyright rights at the time?
3 As far as I am aware it has never been published, but I do not have access to the artists complete works. He was an illustrator of many books, there is a possibility my painting may have appeared in one that I haven't seen. I am assuming if this is the case, copyright would lie with the artist?
3. The original 'commissioner' was a titled gentleman, is there any possibility the copyright rights may lie with his traceable descendents (ie the current Lord X), despite the fact that they no longer are in possession of the work?
Many thanks
BobR
I have recently acquired a painting of a dog, signed by a known artist (1937) who died in the 60's. The provenance of the work is that it was believed to be commissioned by the owner and has never been published. My understanding is that the 1911 law concerning commissioned paintings might apply, and as new owner I might now own the copyright. It is potentially a very marketable image, so I wish to establish this point clearly before either looking to reproduce/publish the image myself or negotiate a deal with the well known London based art publishing company who own the artist in question's copyright.
My questions would be
1. Is it a 'portrait' or a subject, and does this matter?
2. As both commissioner and artist are deceased, how much evidence is required to prove the work was commissioned, and whether there was any agreement re copyright rights at the time?
3 As far as I am aware it has never been published, but I do not have access to the artists complete works. He was an illustrator of many books, there is a possibility my painting may have appeared in one that I haven't seen. I am assuming if this is the case, copyright would lie with the artist?
3. The original 'commissioner' was a titled gentleman, is there any possibility the copyright rights may lie with his traceable descendents (ie the current Lord X), despite the fact that they no longer are in possession of the work?
Many thanks
BobR