Legal Question in Intellectual Property in Texas

Digital montages

I have selected a series of artworks that are classical and old (pre-1900)and copied photographs of them from recent artbooks. I then digitally enhanced, altered, modified them, to create new artworks with entirely new looks and meanings. The works now bear only passing resemblances to the originals. I call this digital montage.

Question: Have I infringed on anyone's copyright? Or is this fair use?


Asked on 10/01/99, 9:48 pm

2 Answers from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Digital montages

Probably not infringement, but you would have to check the math -- add 50 years to the life of the author for each work.

If you intend to distribute your work outside the US, beware of the concept of "moral rights" which addresses alterations to an author's works.

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Answered on 10/05/99, 11:05 am
Bruce Burdick Burdick Law Firm

Re: Digital montages

Pre-1900 art is no longer copyrighted. However, the images in the recent artbook may be. It sounds as if you are free to make your modified art, and that you yourself may have something copyrightable as your end product. You should consult a copyright attorney about copyright registration if you want to protect the images you are creating.

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Answered on 10/04/99, 10:21 pm


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