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A JPG is a "copy" of a painting and you should be careful what you do with it, other than personal use. You should attempt to locate the copyright owner. The question is when was the painting made, when did the painter die, and whether the copyright in the painting was ever registered or renewed. There may also be a minor issue of who made the JPG and any rights they may have. Use of a recognizable portion of a painting for cover art would not likely be viewed as "fair use", especially if you could easily obtain a license and if your primary purpose is for commercial advantage. ---- I'm going to assume that this is asking for an answer based on U.S. law. Depending on the country you're in, it could vary.

Here's the short answer: if the painting was made sometime before October 27, 1923, and copyrighted under the laws in existence at that time, its copyright could only last for a maximum of 75 years, and could have actually expired well before then, so its U.S. copyright has already expired.

If it was made after that date, things get significantly more complicated.

Calculating the duration of copyrights, especially for older works, can get pretty hairy, because the durations of copyrights have been changed several times over the past several decades, with some changes applying retroactively, and some not.

For works made after Jan. 1, 1978, a copyright lasts for the life of the author, plus 70 years. Since the artist died in 1927, I think it's safe to assume that this painting was made before 1978, which complicates things.

Under the 1909 Copyright Act (which was in effect from 1909 to 1978), copyright lasted for 28 years, and could be renewed at the end of this period for an additional 28 years, creating a maximum of 58 years of protection.

However, the 1976 Copyright Act had some retroactive provisions, which added an additional 19 years of possible protection for works with valid copyrights under the 1909 Act, creating a total of 75 possible years of protection.

Let's assume that this painting was made during the last years of the artist's life, in 1927, and the copyright was properly registered - he got 28 years of protection right off the bat. That would have expired in 1955. If the artist's heirs renewed the copyright in 1955, he would have gotten an additional 28 years of protection, lasting until 1983.

However, under the terms of the 1976 Copyright act, an additional 19 years would have been tacked onto the copyright, making it valid until 2002.

It doesn't end there, however. In 1998, Congress created an additional extension, adding another 20 years for works protected under the 1909 Copyright act, and its extension under the 1976 Act, creating a total of 95 years of possible protection for works created before Jan. 1, 1978 (it did not apply to works that had already fallen into the public domain by then). If the painting was covered by a valid copyright in 1998 (again, assuming it was painted in 1927) - he's got the 75 years of protection, which would have been valid until 2002, so the 1998 amendment would have added another 20 years to the painting's copyright, making it valid until 2022.

However, if the painting was made BEFORE October 27, 1923, it could only get a maximum of 75 years of protection, because the 1998 extension went into effect on October 27, 1998, and any works whose copyright expired before that date were not covered by it, and for any work created before 10/27/1923, the 75 years of copyright protection were already up by the time the 1998 amendment went into effect.

I don't know what particular painting you're talking about, or when it was made, so I can't give you an exact answer. I know that the above is pretty complex, but if you know the exact date that the painting was made, you can use it to figure out the maximum duration of its copyright.

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