is starry night painting by van go copyrighted
Examples of non-commercial use include:
- Always include the full credits. See the object data below the artwork.
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Starry Night was created from his room window, shortly before the sun rose. It was also heavily influenced by his imagination, rather than pictorial accuracy.
This is debatable, since the emotion that every painting is enjoyed differently by each viewer. But there is a resounding opinion within the artistic community that Starry Night was one of Van Gogh’s ways of telling his peers and critics that he was painting something meaningful.
The Bridgeman decision has been around a long time and most commentators believe that its reasoning is solid (see for example this 2012 interview with University of Virginia law professor Christopher Sprigman). It’s even cited in the Compendium of U.S. Copyright Office Practices (at 313.4(A)) for the proposition that copyright protection is not given to “mere copies.” But the loser in that case, the Bridgeman Art Library, apparently chose to not appeal the trial court’s decision. As a result (and this is important!) the Bridgeman v. Corel decision is only “persuasive” rather than “binding” legal authority. Other courts don’t have to follow it.
On the one hand, that photograph of a public domain painting you took while visiting a museum is yours and yours alone, but when you go to actually make use of that photograph for your own work it could well be flawed—too dark, too grainy, shot on an angle—to be useful for your purposes. On the other hand, the digital image of the same work on the museum’s website looks pretty great. Well lighted. Crisp focus. Shot from straight on. It looks a lot more like the painting you remember. In fact, as you search for images on the Internet you’re very likely to find many high quality reproductions of the very works you’re confident are in the public domain. And very often, you’ll see that the image bears a copyright notice and is being offered under a license for a fee. What’s up with that?
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Mr. Coors did eventually remove the copied texts of van Gogh’s letters from his site after Mr. Alberdingk Thijm advised him that as translations, they were protected by copyright law.
Mr. Brooks recently hired a lawyer in the Netherlands, Olaf Schauten, in an effort to force Mr. Coors’s Web site to remove any of his images on the grounds of database copyright infringement — unlike the United States, European Union countries have adopted laws designed to protect databases — and with interfering with the generation of income that Mr. Brooks anticipates from the sale of his CD-ROM.