Discussion:
What is the name of your state? CA
My ex-husband is an artist with a web gallery. I too have a web gallery that features his artwork that was given to me in the divorce settlement. Today, I was served with a demand from his lawyer to discontinue violating certain copyright laws.
I don't quite understand what the problem is. All of the images used on my website are of the art that I was given. The information about the artist is from brochures that were also part of the settlement. The articles about the artist which were published in newspapers or magazines are public domain, and can be used by me, right?
The big issue seems to be over the web names.
His: first name, last name, Studio
Mine: last name Gallery
Can I not even use My own name if I am still legally using my married name?
He is in TX, the divorce was in CO, and I am now in CA.
Would it help to type out the lawyer's letter?
Give the 2 web addresses?
Just don't know what the problem is, and can't afford to hire anyone right now.
Thanks to anyone who can direct me somehow.
Answer:
I don't quite understand what the problem is. All of the images used on my website are of the art that I was given. The information about the artist is from brochures that were also part of the settlement. The articles about the artist which were published in newspapers or magazines are public domain, and can be used by me, right? Ownership of a piece of art does not necessarily give you ownership over the copyright to that piece of art. The ownership of the tangible artwork and the ownership of the copyright are separate, and are not necessarily owned by the same people. If you were given a piece or artwork, unless you were also given the copyright to that piece of artwork, you do not have the right to reproduce that piece of artwork, or create derivative works from the piece of artwork, etc. If your divorce decree only transferred ownership of the artwork, and not ownership of the copyright to the artwork, then you do not have the same rights to the artwork that the copyright owners does.
From what you've written, it's not really clear whether any copyright infringement is going on or not -- there just isn't enough information here to go on. But the point is, ownership of the artwork does NOT give you ownership of the copyright to that artwork.
The big issue seems to be over the web names.
His: first name, last name, Studio
Mine: last name Gallery If he has established trademark rights in the studio name, then he might be able to prevail in a domain name dispute. It all depends on what rights, if any, he has acquired in the name of his studio.
Can I not even use My own name if I am still legally using my married name? You have the right to use your own name, of course -- but you are not using your own name, you are "last name studio," which is not the same, and if he has trademark rights in his studio's name, then whether or not your usage is okay will depend on a trademark analysis, not on whether it's okay to use your name or not.
As far as what to do, I guess that's up to you. If you want to fight them, you'll probably need to get a lawyer involved, maybe your divorce lawyer can help out. Without an in-depth revied of all of the relevant facts, there really isn't any way anyone can tell you what you should or shouldn't do.
Answer:
"If you were given a piece or artwork, unless you were also given the copyright to that piece of artwork, you do not have the right to reproduce that piece of artwork, or create derivative works from the piece of artwork, etc."
OK, so is putting the artwork for sale on my website considered 'reproducing' the artwork?
Thank you very much for your help!
Answer:
"If you were given a piece or artwork, unless you were also given the copyright to that piece of artwork, you do not have the right to reproduce that piece of artwork, or create derivative works from the piece of artwork, etc."
OK, so is putting the artwork for sale on my website considered 'reproducing' the artwork?
Thank you very much for your help! Generally no.
EDIT: I am assuming that you own a painting or whatever, and are selling the painting itself, in which case offering the painting for sale, and even posting a picture of the painting, would be okay from a copyright perspective. You may not, of course, legally sell duplicates or photos of the painting, only the painting itself.