Can I sell a handpainted large scale 3D model of a copyrighted 2D concept art?
<p>The art in question is <a href="https://www.instagram.com/p/CIfsO2ZD7Rj/" rel="nofollow noreferrer">https://www.instagram.com/p/CIfsO2ZD7Rj/</a> . I Think the concept artist, Jean Giraud, is dead as of 2012.Who owns the rights?</p>
<p>I also wanted to do a real life size sculpture of this piece: <a href="https://www.instagram.com/p/CIeJL-ljk4a/" rel="nofollow noreferrer">https://www.instagram.com/p/CIeJL-ljk4a/</a> .Does anyone own the rights of this second painting?</p>

<p>This would be considered a derivative work, which is not peritted without permission.</p>
<p>Copyright duration varies by country but is at least the lifetime of the author plus 50 years. In France, it is 70 so Giraud's work becomes public domain in 2082.</p>
<p>The second piece is public domain and therefore fine.</p>

<h2>No and yes</h2>
<p><a href="https://en.wikipedia.org/wiki/Jean_Giraud" rel="nofollow noreferrer">Jean Giraud</a> definitely passed in 2012. Under <a href="https://en.wikipedia.org/wiki/List_of_countries%27_copyright_lengths" rel="nofollow noreferrer">French</a> law, his works will enter the public domain on 1 January 2083 (since he did not die on active service - if he had it would be 30 years latter). This is also the case in <a href="https://en.wikipedia.org/wiki/Berne_Convention" rel="nofollow noreferrer">Berne</a> signatory countries that do not observe the <a href="https://en.wikipedia.org/wiki/Rule_of_the_shorter_term" rel="nofollow noreferrer">rule of the shorter term</a>. For those that do, and that have a shorter term, it will be that shorter term. For countries not signatory to the Berne Convention local law applies.</p>
<p>So, the copyright still exists and somebody owns it - you would need their permission. As to who they are, that can be tricky. If Giraud owned the copyright when he died it would have passed to his heirs as inheritance. However, he might have already transferred it or his heirs might have subsequently done so.</p>
<p><a href="https://en.wikipedia.org/wiki/William-Adolphe_Bouguereau" rel="nofollow noreferrer">William-Adolphe Bouguereau</a> died in 1905. His works entered the public domain on 1 January 1976. No one owns that copyright so you can copy it as much as you like.</p>

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