Why A Homespun Hobby is Different

In my online hobby shop, the diamond art painting kits you find here are replicas of Old Masters artwork that are in the public domain, licensed art work, and modified royalty free images.

What you will not find is images of artwork that has been stolen, illegally copied, and reproduced without proper licensing and consent of the artists. You will not find that the artists name has been removed from their work and the name of their artwork changed. My canvas for diamond art painting kit canvases  are a fabric blend, not plastic. 

The same goes for the Paint By Number pieces. 

The following is not legal advice and should not be relied on take or refrain from taking any action.

Both published and unpublished works are protected by Copyright, though on different terms. In the U.S., all unpublished works (including those found in attics, archives, and private collections) that were created before 1888 are considered public domain and may thus be freely reproduced. Our law has one strange quirk: any work published between 1977 and 2003, and created before 1978, is protected by copyright until 2048 (regardless of its age). 

The public domain now includes all works that have been published before 1923, anywhere in the world. In the case of a work published after 1923, it is complex to determine for how long it is protected under the copyright law.

Work that is in the public domain may be reproduced or copied in whole or in part, photographed, and derived from. It's legal to "copy the original" but not to "copy a copy." Therefore, while you may take as many pictures of the Sistine Chapel as they will permit and then sell those, you may not reproduce a picture that another person has taken of the Sistine Chapel. A copyright is attached to that other person's photo and prevents you from reproducing it without permission.

Someone else may copy the image of the artwork that they took as long as it contains little or no creativity of their own. In this case, copyright will not apply and anyone may copy the image. Specifically, you may not reproduce a picture of an artwork that someone else took if that picture is of a specific angle, or only a discrete portion of the work, or is lit creatively, or if there is any other indication of creativity in that picture.



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