Using Starry Night for Embroidery and Resale: Is It Legal?

When it comes to the usage of art in your creative endeavors, especially for resale, understanding the legal aspects is crucial. This article delves into the specifics of using Vincent van Gogh's iconic painting, 'Starry Night,' in embroidery designs and whether such usage is legal.

Understanding 'Starry Night'

'Starry Night' was completed in 1889 by Vincent van Gogh, a renowned Dutch post-impressionist painter. This work has been preserved and is now in the permanent collection of the Museum of Modern Art in New York City. Given the historical nature of the painting, its copyright has long expired.

Expanding Timeline of Copyright

It's important to recognize that the copyright on 'Starry Night' expired more than a generation ago. In the United States, according to the Copyright Act of 1976, works created before January 1, 1923, are no longer protected by copyright [1]. This expiration means that the copyright on 'Starry Night,' which was painted in 1889, has long since lapsed. As a result, anyone can use 'Starry Night' without fear of infringing on copyright laws.

Legal Considerations for Embroidery Designs

Even though the painting is now in the public domain, there are still some legal considerations to take into account when using 'Starry Night' in embroidery designs for resale.

Original Art Piece

The original 'Starry Night' is protected by an international copyright. However, since it has entered the public domain, you can freely reproduce and use the image in your embroidery designs. This means that you can create and market your own embroidered pieces featuring 'Starry Night' without legal repercussions.

Derivative Works

When you create a derivative work, you are creating a new piece that is based on the original art. In this case, any embroidery design featuring elements of 'Starry Night' is considered a derivative work. As long as you do not use the exact copy of the original painting but rather create a unique design with its influence, you can sell your embroidery pieces legally.

Public Domain Considerations

In the United States, all works created before 1923 are now in the public domain. Therefore, when creating an embroidery design with 'Starry Night,' ensure that your design employs your creativity and is sufficiently different from the original to avoid any issues. You must not attempt to sell your work as an original painting but rather as your own embroidered creation.

Digital and Physical Resale

When considering the commercial use of 'Starry Night' in embroidery, you should also look at the digital and physical ways you might market and sell your designs. By placing your embroidery designs online, you are expanding your market reach, but you must adhere to the same legal principles.

Online Platforms

If you are selling your embroidery designs online, make sure to have your own look and feel when using the 'Starry Night' theme. This includes ensuring that your design features your unique style and is not a direct copy of the original painting. Additionally, you should clearly label your work as your own creation and not as repurposed 'Starry Night' art [2].

Physical Retail

For physical retail, the same principles apply. You must have a clear and distinct design that can reasonably be recognized as your own creation and not a reproduction of the original 'Starry Night' painting.

Conclusion

In conclusion, using 'Starry Night' in embroidery designs for sale is generally legal in the United States, as long as you do not directly copy the original painting and instead create a derivative work that reflects your creativity. However, to avoid any potential issues, always ensure that your designs are sufficiently distinct and labeled clearly as your own original work. This not only protects your legal standing but also helps maintain the integrity of your creative work.

References:

[1] [2] #use-of-paintings