Hi everyone,

I have a question about international copyright. I have been scouring the R&R 
Handbook and reached out to Anne Young. Anne provided me with a lot of helpful 
information and also encouraged me to post to the listserv (thank you so much 
for everything, Anne!)

The Detroit Institute of Arts has a 1924 work by Paul Klee (Swiss, died 79 
years ago) in our collection. I have a strictly commercial use for the image 
(definitely not "fair use").

  1.  Do I even bother trying to figure out if our work is in the public domain 
since Klee is an ARS artist?
  2.  I have found an image of the work in a book published in Germany in 1931 
(there is a copyright notice at the front of the book). I can show a good-faith 
effort for research, and I think this image is most likely the first time the 
work was published. I should look at German copyright law, yes? Does this 
affect copyright in the U.S.? Or should I be looking to see when the image was 
first published in the U.S.?
  3.  I should also be looking for "the year the work was sold or offered for 
sale by a gallery, dealer, or public auction," yes? And if this is overseas 
(which it is in this case), I should look at Germany copyright law, yes? Does 
this affect copyright the U.S.?

We do not have a copyright attorney on staff. I am trying to put together a 
"Copyright Project" here at the DIA and so just trying to get a sense of what 
this is going to entail.

Thank you (and feel free to contact me directly).

Best,
Jessica

Jessica Herczeg-Konecny
Digital Asset Manager
Detroit Institute of Arts
5200 Woodward Avenue │ Detroit, MI  48202
Tel (313) 833-1391 │ jhkone...@dia.org<mailto:jhkone...@dia.org>

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