I buy paintings from stores like Marshall's, TJ Maxx & Walmart. I enhance these paintings with gems, stones, glitter & painting. Many ppl say I should sell the work. Am I able to sell my enhanced creations? There are no names on the pieces.
The creators, even if they're anonymous, own the copyright to their paintings, and your "enhancements" are copyright-infringing "derivative" work which only the copyright owners have the right to make. Will anyone challenge you on this? Doubtful, but not impossible. But is it infringement, nonetheless? Yes.
What many people say is irrelevant.
The fact that it will difficult or impossible for you to find the creators' identities and contact information is also irrelevant.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments.
As noted, this is likely going to be considered a derivative work and therefore infringing. If you are only doing this for your own personal use then you have no worries, but placing them for sale is another story.
If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Legal, LLC on the basis of this posting.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline