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The scream by edvard munch legal question

 
 
Reply Thu 6 Jan, 2011 06:39 pm
I've read online and am under the understanding that this image is a public domain image as it was produced by an artist who's been dead for 70 years. Am I able to reproduce this image and sell it?
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Type: Question • Score: 1 • Views: 6,231 • Replies: 10
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farmerman
 
  2  
Reply Thu 6 Jan, 2011 09:01 pm
@crayon851,
I see various stylized repros of the scream all over the place. There is one Tee shirt at a bar in Ocean City Md where the "screamer" is having a sit because his beer mug is empty.

Ive seen a Christmas card of a Santa SCreamer and a Cat dressed as Santa as the screamer.

Whatever you come up with better be good and original.
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PUNKEY
 
  1  
Reply Fri 7 Jan, 2011 04:29 pm
you better check it out. There could be heirs, an estate or foundation or firm licensing that artwork.
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joefromchicago
 
  1  
Reply Fri 7 Jan, 2011 04:59 pm
@crayon851,
crayon851 wrote:

I've read online and am under the understanding that this image is a public domain image as it was produced by an artist who's been dead for 70 years. Am I able to reproduce this image and sell it?

Where did you get the image?
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crayon851
 
  1  
Reply Fri 7 Jan, 2011 09:11 pm
I just grabbed it off google images. It appears to be the original one by edvard munch and is not touched up in anyway or altered. I could buy a poster if that'll let me reproduce it. Thanks for the responses.
CalamityJane
 
  1  
Reply Fri 7 Jan, 2011 09:42 pm
@crayon851,
You might want to look into copyrights that obviously exist for Edvard Munch
paintings. This site couldn't even post the paintings online

http://www.artinthepicture.com/artists/Edvard_Munch/

Here is a reference of copyright protection
http://www.museumsyndicate.com/artist.php?artist=15
http://www.museumsyndicate.com/item.php?item=47
crayon851
 
  1  
Reply Sun 9 Jan, 2011 05:34 am
@CalamityJane,
Hey thanks for the reply. Really appreciate it. I just wonder why other sites are able to post those images up. Strange.
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joefromchicago
 
  1  
Reply Sun 9 Jan, 2011 11:27 am
@crayon851,
crayon851 wrote:

I just grabbed it off google images. It appears to be the original one by edvard munch and is not touched up in anyway or altered. I could buy a poster if that'll let me reproduce it. Thanks for the responses.

That's the problem. The Scream might not be subject to copyright protection any more, but the photos of The Scream that the museum posts or turns into posters are protected. If you copy of photo of The Scream, therefore, you're potentially violating the rights of the photo's owner. What this means, in practice, is that you can take your own photo of The Scream and sell it, but you can't take someone else's photo of The Scream and sell it. I can go to the Art Institute of Chicago and take a photo of La Grande Jatte and hawk it on a website, but I can't take the Art Institute's photo of that painting and try to sell it.
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crayon851
 
  1  
Reply Mon 10 Jan, 2011 10:41 pm
Okay that makes sense. I will keep that in mind. For the mean time, I will use public domain comics for print on my product.
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PUNKEY
 
  1  
Reply Tue 11 Jan, 2011 07:47 am
WHAT public domain comics? They all are copyrighted, too.

Better to use some program like Photoshop that allows you to play arund with copyright free images for you to come up with your own design.

You can't take someone elses property and use it for gain (financially or artistically)

Heck we had a guy have to change the name of his car dealership because it was called K-Kars. K-Mart sued him for being too much alike in its name.
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crayon851
 
  1  
Reply Fri 21 Jan, 2011 11:55 am
http://pdsh.wikia.com/wiki/Public_Domain_Super_Heroes


here is the link to the public domain characters. What do you guys think?
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