Copy of painting of living famous painter - original fakes

'Is it legal', 'can I do this' type questions and discussions.
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andresgallo
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Copy of painting of living famous painter - original fakes

Post by andresgallo » Fri Dec 09, 2011 3:49 am

Hello,

1. Can I do entirely hand made paintings, copy of living famous USA painter?

2. Do I have to ask permission to the painter and / or to the photographer of the painting?

3. Do I have to pay rights? Is there an international agency to pay rights or do I have to separately contact each painter or owner of copyright of the paintings?

I am a professional graduated fine art painter. During my studies I have done many copies of old masters, modern masters, and living famous painters. Some of them where even sold for a couple of hundreds dollars or similar. At that time I was very young and just did not think there could be a copyright problem, just because it was not photography or printing of the paintings, but hand-made copy.

Nowadays, I have got many requests for copies of paintings, some of famous USA living painter, and I am thinking to going serious about this. So I am looking for all the legal information about copyright.

I live in Italy, and the information I have collected here, is that I have to produce a document to be put on the back of the painting, declaring that the painting is not original, but an entirely hand painted copy of an original painter, with name of the original author.

Thanks!

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AndyJ
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Post by AndyJ » Fri Dec 09, 2011 9:12 am

Hi Andres,
Because you live (and I guess you would be doing the work) in Italy, Italian law is the one which will apply here, and I cannot help with that.
However, generally speaking in copyright law, copying means exactly what you have described, and it doesn't matter whether it's fine art or a quick sketch which is being copied.
Here in the UK we have a copyright collecting society named the Design and Artists Collection Society who would be the people to speak to about getting a licence to make copies, and I feel sure there will be a similar organisation for Italy. If you cannot find it through Google, you could contact the Italian society for authors and musicians SIAE to see if they can tell you who to contact.
I hope this is of some help to you.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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