Legal situation with importing copied art into the United States

[Jingthing]

What's the situation with importing a copy painting into the U.S.?

I would like to bring in one for a friend and it will need to be declared.

My understanding is that copies of long dead artists are legal but copies of either living or not long dead artists are not legal.

I am not sure, which is why I am asking.

If this is the case, how long does an artist need to be dead for this to be legal?

Please don't tell me I'm paranoid. As I've got a profile likely to be hassled on entering the U.S. anyway and I would have to declare this, I am not willing to import anything illegal.

Thanks.

Edited March 20, 2014 by Jingthing

[phetphet]

Might be worth trying US Customs website where you might be able to search or ask that question.

[lomatopo]

My understanding is that copies of long dead artists are legal but copies of either living or not long dead artists are not legal.

Can you share how you arrived at this understanding?

I did not see anything referring to "Copied art" in the CPB list of prohibited items. There is some reference to copyrighted items, including a single item exemption. If in doubt, I would definitely declare the item (6059B), and it's value.

I think you will be fine, but if you are unable to get a better opinion, say directly from the CPB, I might consider mailing the item directly to the recipient, or to your U.S. mailing address, and complete the declaration form accurately.

[dddave]

I tried selling "Pet Portraits" and some copied art produced in Thailand online (Poor overall quality killed it) 6-7 years ago. I and my US partner researched the issue of Govt. restrictions on importing art into the USA.

There are no blanket US Govt. regulations regarding copied art per se but the heirs of many artists have been able to copyright individual iconic images

so they would be able to prevent you from importing them if they should become aware.

Many states have passed "Intellectual Property" laws that cover original art and imported copy art. Many of these laws are targeted at the mass importation and "Tent Sales" of mass produced "Art" done on an assembly line basis in Vietnam and China.

If you do it on a small scale, you can probably slide through. I would ship 10 to 20 rolled canvasses in a tube at a time to my US partner. He would frame them and ship them on to the buyer. We never had a customs problem.

Getting consistent quality from Thai "Artists", especially the large shops is impossible. They farm the work out all over the place, even though you may specify a particular artist who's work you trust, they'll still give it to a cheaper crap painter......they lie, lie, lie!!!

[vaultdweller0013]

Whether it is allowed or not doesn't directly depend on time since the artist's death; it depends whether the work is still copyrighted or is in the public domain. Whether something is still under copyright or not is a relatively complex issue, especially since the US Congress has repeatedly extended copyright duration in the recent past and there are treaties that come into play as well. In general, you are not allowed to import works that violate a copyright or trademark. With that said, unless it is obvious, like trying to bring in "replica" Gucci bags or clearly pirated DVDs, the customs agent probably won't care or have any probable cause to believe an item violates a copyright or trademark. Even if the agent believes the item violates copyright or trademark, they may grant an exemption for 1 item of each type provided it is not being imported for sale.

See http://www.cbp.gov/travel/international-visitors/kbyg/prohibited-restricted (its the last item on the page under the heading "Trademarked and Copyrighted Articles") for the details from the US CPB.

[Whale]

"My understanding is that copies of long dead artists are legal but copies of either living or not long dead artists are not legal."

In the UK copyright is valid on artworks for 70 years after the death of the artist, not sure about US though.

But copyright issues depend on your usage - it not illegal to copy a work of art, its not illegal to own a copy, its all usage dependent.