Is It Legal to Recreate Public Domain Art for Sale?

When you stumble upon a line drawing from the public domain and consider recreating it as a vector image, you might wonder, ‘Is it legal to recreate public domain art to sell?’ This article will explore the legal framework surrounding public domain art and whether it's appropriate to sell your recreations.

Legal Standing of Public Domain Art

Works in the public domain are free for use in any way you desire. Essentially, this means you have the rights to:

Make direct copies and sell them Create adapted versions or derivative works and sell them Do anything at all with the public domain work

However, you must ensure the work you are using is indeed in the public domain. In the United States, any work first published before 1927 is now in the public domain, with this date advancing every year. In most of the world, if the author(s) have been deceased for more than 70 years, the work is in the public domain. In Canada, it is 50 years, and in Mexico, it is 100 years. Various periods apply in between in other regions.

No recent work is likely to be in the public domain, so you should confirm the status of the artwork before proceeding.

Commercial Ventures and Copyright Infringement

If the artwork you want to recreate is currently under copyright, recreating and selling it would likely violate copyright laws. The original artist or the copyright owner could sue and possibly demand substantial damages.

Also, be cautious of the terms and conditions of platforms like ArtStation. Even if you believe your actions are legal, the platform’s rules can dictate what you can and cannot do with content.

For a commercial venture, it is wise to consult with a legal expert in your local jurisdiction. They can provide you with detailed advice based on the specific laws in your country.

International Considerations

Consider that the nature of the internet can affect your sales internationally. If the original artwork is still under copyright in another country, selling your recreation in that jurisdiction would be illegal. For instance, artwork from the first Winnie the Pooh book entered the public domain in the USA in 2022 but remains under copyright in the UK and other countries until 2026.

When you sell artwork, it is crucial to credit the original artist, even if their identity is unknown or anonymous. Failing to do so is considered plagiarism and can severely damage your reputation. While not illegal, not giving credit is ethically wrong and will be heavily criticized by the art community.

Conclusion

Recreating public domain art to sell is generally legal, provided the original work is in the public domain and you ensure your modifications are significant enough to be considered a derivative work. However, you must also be aware of the jurisdictional complexities and the terms and conditions of platforms like ArtStation.

Always seek legal advice to ensure your actions are compliant with both local and international laws and ethical standards.