Do I Need Permission?

nnn1599

nnn1599

I have a horror script and a semi-famous surrealist is mentioned quite a few times. This surrealist is long dead, and he's really only known within the high arts community. His original photos can cost up to $850,000 per still. None of his words or life story are being used. So, I don't think our character using his name is copyright infringement.

But, we do want to use one of his photos and most important a knock off of one of his pieces of art is used as a murder weapon. The picture definitely needs permission. But, does the knock-off piece of art need permission also?

It could be rewritten with a made up surrealist. But, I love this artist's work and would love to use the real thing. The work I would be using predates 1923 which could make it part of the public domain but I believe it depends on what that applies to.
 
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nnn1599 said:
But, does the knock-off piece of art need permission also
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A knock off is essentially a rip off of an existing work. Yes you can get sued for that. Are you actually copying a specific painting or just drawing something that looks like it might be by this artist?

I would look into whether there are public domain rights to this artist's work? How long ago did they die?
 
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Blade_Jones said:
A knock off is essentially a rip off of an existing work. Yes you can get sued for that. Are you actually copying a specific painting or just drawing something that looks like it might be by this artist?

I would look into whether there are public domain rights to this artist's work? How long ago did they die?
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It's a sculpture, not a painting. The artist died in 1976. The sculpture is from 1921 and the photo is from 1922.
 
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