I found an old drawing I think would look great on a shirt. It is from the 17th century. I am just being cautious when I ask if this is illegal or any old art for that matter.
For example if I found a book on old sketches of trees throughout history, all the art work should be in the public domain correct? So I can use them as t-shirt art or a foundation for my art?
Anyone know? My gut tells me it is fair game, I mean who could sue me over a picture that is 400 years old?
If the publisher of the book can prove that the copy you used came from their book, the may have a lawsuit as they put the work in to get the picture of the sketch and put the time in putting the book together and the book is under copyright.
However, if you were able to go and collect a copy of the sketch yourself, you should be able to use royalty free without problems.
This is also not true legal advice, it is just my understanding of copyright law.
If the publisher of the book can prove that the copy you used came from their book, the may have a lawsuit as they put the work in to get the picture of the sketch and put the time in putting the book together and the book is under copyright.
However, if you were able to go and collect a copy of the sketch yourself, you should be able to use royalty free without problems.
This is also not true legal advice, it is just my understanding of copyright law.
That does make sense, but it is also a bit ridiculous. So they own the picture of an image that is public domain. So is anything public domain then? If I wanted to use a picture of The Mona Lisa I would have to travel to Europe and try to sneak a picture of it, rather than take it out of my art book?
That does make sense, but it is also a bit ridiculous. So they own the picture of an image that is public domain. So is anything public domain then? If I wanted to use a picture of The Mona Lisa I would have to travel to Europe and try to sneak a picture of it, rather than take it out of my art book?
They own the copy of the image that they made. It's kind of like when you take a picture of a bridge or building. you own the copy of what you took however not the actual thing.
Another example would be the dictionary or maps. the words are not in copyright however, Websters has the reproductive rights to the words they put together and the definitions they assign, however, the words are most certainly in public domain.
There maybe something in the national archives that you can use without fear of a lawsuit.
I do think it's a cool idea though and hope you can find something that will work.
I found an old drawing I think would look great on a shirt. It is from the 17th century. I am just being cautious when I ask if this is illegal or any old art for that matter.
17th century you're well and truly safe. Almost everything produced before 1923 is out of copyright (there are a couple of exceptions in the UK under crown law). Trademark may still apply (like to Steamboat Willy).
If the publisher of the book can prove that the copy you used came from their book, the may have a lawsuit as they put the work in to get the picture of the sketch and put the time in putting the book together and the book is under copyright.
Generally in those cases (like the Dover compilations) the compilation is under copyright, but the individual reproductions are not.
Which means if you want to use something from it as clipart, you can. But if you were to reproduce the entire book and sell it as your own, that would be a breach of copyright.
Using old art for shirts, is it legal? 
