[Story Writer]

I am a writer and an art critic. I have written some articles on various paintings, like Mona Lisa by Leonardo Da Vinci and Gara Diva by Vinci and Three Girls by Amrita Sher-gil and many other paintings. Now, when I send these articles to magazines for publication, they want me to send the painting too. Now, is not there any legal restriction to copy the painting from net (as available in public domain and easily traceable), and send it to some magazine to get it published with the article, written on the same painting? And, is there any need to get any permission from someone, for painting and for writing on the painting?

[talaniman]

Probably not. If there was then it would be on the publisher.

[Tatla]

You must consult and get approval from the painter, if he is alive. If he is dead, then the heir, who owns the IPRs in that case, may be taken approval from. However, the painter would feel happy if you write on and analyse his/her work, and will make him famous only. However, all fingers are not alike, albeit.

[Story Writer]

It is difficult to find the address and contact of the painter. So, taking approval from such a painter is an uphill task. I suppose, he would not mind it.

[talaniman]

Most publisher use stock photos, or photo reprints anyway, so why worry that much? If it's from the net or even a picture YOU took, same thing. Since the publisher ASKED for the pictures then it must not be a big deal.

[ScottGem]

There is a fair use doctrine. Use of an image in a magazine as part of a review of that image should be allowable. Also the onus oif this would be on the magazine publisher. They are the ones who would need to get the permission.

[Story Writer]

There is a fair use doctrine. Use of an image in a magazine as part of a review of that image should be allowable. Also the onus oif this would be on the magazine publisher. They are the ones who would need to get the permission.

Thanks for reply, ScottGem ji,

I do not know exactly how to quote you, so this is the way I follow.

My question is: But the publishers want me to send the painting via email. Will still it be their onus to get permission?

[ScottGem]

Yes, because you are not publishing. Copyright protection prevents someone from publishing copyrighted works. By e-mailing you are not publishing.

As such, the Copyright Act gives the copyright owner certain exclusive rights, including the right to:

• Reproduce the work
• Prepare "derivative works" (other works based on the original work)
• Distribute copies of the work by sale, lease, or other transfer of ownership
• Perform the work publicly
• Display the work publicly

An e-mail would not be considered a reproduction of the work. Clearly the other rights are not being violated.