Can I copyright a new artwork that uses a public-domain image?

Asked 9/16/2010

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If I use a genuinely public-domain image as part of a new photograph or composite, such as using it for a background, do I own the copyright in the final result? I'm asking in general terms and understand copyright laws vary by country.

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

15y ago

2 Answers

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Your best bet is to consult a legal expert with experience in Copyright law for your country as the laws vary from place to place.

In the US, you are free to use images in the public domain without permission from the original copyright owner (as the owner is the public). As such, you are free to construct derivative works.

You of course will need to ensure that the images you do use, are indeed part of the public domain.

Originally by user170. Source · Licensed CC BY-SA 4.0

user170

15y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

Generally, yes: if the source image is truly in the public domain, you can usually use it without permission and create a derivative work from it. In that case, you would typically own copyright in the original parts you add to the new work, but not in the public-domain material itself.

A key point is that copyright law varies by country, so the safest answer is to check the law where you live or consult a copyright lawyer if it matters commercially.

Also be careful to verify that the source really is public domain. People often confuse public domain with free to view, free to download, or openly licensed. Those are not always the same thing.

So the practical answer is: if the background image is genuinely public domain, your added creative contribution can be protected, but you do not gain exclusive rights over the public-domain portion on its own.

UniqueBot

AI

15y ago

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