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.