Using paintings as album covers

Ddream

Ddream

New member
Hello!

I have a question about the use of paintings on album covers. I want to use a painting by Theodore Gericault as the cover of my album. I've searched the internet about copyright on this image, but everywhere it's said that it is on public domain, since it was painted in the 1800's. This means that I can use it without any problems?
 
Not necessarily. You have to get the rights to use that photo of the painting. Figure out who owns the painting and then see how they deal with their photos. I can help pointing towards the right direction if you provide me with the work of art in question. If it's for example July 28: Liberty Leading the People, you could get the rights to use the pics from Louvre here Réunion des Musées Nationaux-Grand Palais.
 
jyri said:
Not necessarily. You have to get the rights to use that photo of the painting. Figure out who owns the painting and then see how they deal with their photos. I can help pointing towards the right direction if you provide me with the work of art in question. If it's for example July 28: Liberty Leading the People, you could get the rights to use the pics from Louvre here Réunion des Musées Nationaux-Grand Palais.
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Well, not according to this article here:

Must You Pay to Use Photos of Public Domain Artworks? No, Says a Legal Expert | Bernard Starr
 
I do agree that at least that is how it should be when it's a documentary photo of a public domain piece of art. Some museums allow using those pictures, for example Rijksmuseum (in Amsterdam).

But you probably saw this in there, still quoting it just in case.
Sprigman said:
I'm talking about U.S. law. The laws in other countries may differ. And in my comments here, I'm giving some guidance about general U.S. legal principles, and not legal advice for any particular instance of use.
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jyri said:
You probably saw this in there, but still quoting it just in case.
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Yeah, I'm taking this into consideration. The link I posted makes it clear that according to US copyright laws, you can use any reproduction of a single painting that is on the public domain in any way you want. The problem (maybe) is that there's no info on who owns the original painting, so basically I don't know if I would have some problems, for example, in europe (assuming that because the artist was french).

Just for curiosity sake, the painting is "Severed Heads" or "Heads of the executed" by Thèodore Gèricault.
 
Complementing: I sent an e-mail to the Museum, and they said it is ok to use the image found on the web, but obviously they want to make money: they offered me the hd pic of the painting for a fee.
 
I'm pretty sure you have to get the right to use someones artwork
 
Araphel said:
I'm pretty sure you have to get the right to use someones artwork
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In fact, it depends. The US and most European countries copyright law says that an artwork is protected for 70 years after the artists death. In this specific case, the paintings were done in the 1800's, so clearly this time has passed, and the paintings are now on Public Domain. Now, most museums (Louvre is one of them) are asking for copyright over the photo that replicate those paintings, as they consider that photo under their right.

But, for example, this happened inside US (a guy used a paiting for a book cover, and was sued by the museum that hold the original painting) and according to the result, IN US, if a painting is on public domain, so is any picture of it, as long as it is a representation of the original. Of course, this doesn't apply to European countries.

I think I was lucky enough to get permission to use the picture found on the web, but the museum tried to sell me a "HD picture" of the painting.
 
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