Ancient Cave Paintings Copyrighted :(

[TexasLady]

I had the idea flash through my mind of how pretty it would be to paint a replica of animals from, for example, the ancient 'cave paintings' found around the world, on a big flat leather bag or satchel. But then I thought of selling them (like on Etsy) and realized there would likely be copyright complications. Has anyone else wanted to replicate those ancient works and had any dealings with those who hold legal rights over the images?

Edited May 23, 2015 by TexasLady

[Thor]

How would they be copyrighted? The prospective copyright holder is long time dead and an ancestor probably unknown or proof of such impossible. Further, since you're in the US it would be considered public domain anyways.

A totally different thing is a photograph of such drawings. The photograph would be copyrighted, but the drawing isn't and can't be. That means you may use the drawing on these pictures as a template or inspiration but mustn't republish the photograph.

Read the definition of copyright below. It isn't as complicated as some people try to make it at times.

1. Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time. The exclusive rights are not absolute; they are limited by limitations and exceptions to copyright law, including fair use.

[DoubleC]

I found this picture of an ancient image in a cave and made the nose band from it. I entered it in a contest and never had any problems. Cheryl

[TexasLady]

Wikimedia has a Copyright section which describes the legal complexities of using images, even those in the public domain in the US.

http://commons.m.wikimedia.org/wiki/Commons:FAQ

[TexasLady]

Cute, cute idea, DoubleC. You took the image down to basics, but retained enough of the gesture to evoke an emotional response in anyone who has seen the primitive paintings.

However, what I'm wanting to do would be more specifically identifiable, almost a replica. So for copyright purposes I'm still concerned.

[TexasLady]

Here's another good source of information for anyone interested in further researching this copyright question.

http://freedomdefined.org/Definition

[TexasLady]

This link is to a site of the actual US law. I have a paralegal degree.

http://www.copyright.gov/title17/92chap1.html#106

[TexasLady]

And though the original artists are long dead, yes, litigation can never-the-less attach itself to the ancient cave images.

http://questioncopyright.org/lascaux_descendents_recovering_royalties

"Featherstonehaugh added that the families would be seeking additional compensatory damages from the estate of Georgia O'Keeffe, whose paintings of deer skulls and antlers from the American Southwest were "clearly derivative, and were made entirely without permission," in the lawyer's words."

[TexasLady]

Your quote is from Wikipedia, Thor? I found it and will paste the link to it here:

http://en.m.wikipedia.org/wiki/Copyright

[TexasLady]

What I'm wanting to do would not really fall under the description of being "derritive work", since I was wanting my painting (or carving) to actually look like the original.

http://en.m.wikipedia.org/wiki/Derivative_work

[Mark Peters]

You realize the cave painting lawsuit article is satire right? Even modern copyright expires and since copyright is a concept based on the creation of a work pray tell how a work created before the legal concept of copyright existed could possible even enter the discussion.

[Grey Drakkon]

And though the original artists are long dead, yes, litigation can never-the-less attach itself to the ancient cave images.

http://questioncopyright.org/lascaux_descendents_recovering_royalties

"Featherstonehaugh added that the families would be seeking additional compensatory damages from the estate of Georgia O'Keeffe, whose paintings of deer skulls and antlers from the American Southwest were "clearly derivative, and were made entirely without permission," in the lawyer's words."

That...Is a joke. The whole article is a joke.

[25b]

That...Is a joke. The whole article is a joke.

I really, honestly don't understand how someone could read that link and NOT come to the conclusion that it's satire...makes you wonder...

[Grey Drakkon]

Fair use/copyright came up recently in regards to patterns for leatherworking, I found http://library.dts.edu/Pages/RM/Helps/copyright.shtml as a pretty clear-cut explanation on what is fair use now.