Liam Wyatt wrote:
On 22/03/2009, at 11:57 PM, Magnus Manske wrote:
An image apparently made in 1975 is not public domain, unless the author declares it to be. Can't tell about the other one.
The original painting is certainly NOT public domain - but what about the copyright status of a photograph that you or I might take of that painting? That is the question.
If the painting is copyrighted, your photo is as well (as a derivative work). So even if you release the photographer's rights, the author rights are still there making the photo unfree.
OTOH if the painting is PD, there's only the photo copyright to inspect. Faithful photos of paintings are ineligible (Bridgeman v. Corel, see http://commons.wikimedia.org/wiki/Commons:When_to_use_the_PD-Art_tag ) but it's much easier if it has been taken by a wikipedian and he releases the rights.