<p>While better fitted to our friends at <a href="https://law.stackexchange.com/questions/tagged/copyright">law.SE</a>, the general gist is: <strong>No.</strong></p>
<p>Art is protected by copyright, and any adaption (<em>derivative work</em>) requires the OK from the right holders <em>per se</em>. Only 70-75 years after the death of the author (or publication for company works), a work enters the <em>public domain</em> and the copyright expires.</p>
<p>There are some exceptions (<em>fair use/fair dealing/</em>...), but <em>media transformation</em> is not one of them.</p>
<p>Giraud died in 2012, his estate or heirs - or whoever he/they sold the commercial rights to - own the right to ok derivative Works till around 2087.</p>

CC BY-SA 4.0
2020-12-08T18:09:34.760Z
Yes, better asked at law se, however, if the work is a 3d model inspired by a 2 image then it can be argued that it's a new work. This concept came up when people were thinking about selling 3d prints of existing sculptures; in that case, the answer was a definite no.
user77232
CC BY-SA 4.0
2020-12-08T18:42:49.517Z
@user77232 *inspired by* is ok, but  *3d representation of a 2D art* is not. There is a rather blurry line between *inspiration* and *derivative*
Trish
CC BY-SA 4.0
2020-12-08T19:28:33.940Z
yes; and this is why we have lawyers  :)
user77232
CC BY-SA 4.0
2020-12-08T09:54:42.587Z
2020-12-08T17:50:17.077Z
2020-12-08T17:50:17.077Z
Trish
<p>This is something that might have a precedent, where the line is blurry, someone might have already tried, and in that case the judge's decision in that court case is the official interpretation of the law towards that specific scenario.</p>
<p>There might also be definitive laws regarding &quot;derived works&quot;...</p>
<p>Like the others, I would ask the Law SE for help.</p>

CC BY-SA 4.0
2020-12-09T03:36:14.257Z
2020-12-09T03:36:14.257Z
poorandunlucky
<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.</p>

<3d-models><legal><2d>
Can I sell a handpainted large scale 3D model of a copyrighted 2D concept art?
Nïu Dávinci
# Can I sell a handpainted large scale 3D model of a copyrighted 2D concept art?

(Asked by: username_0 on 2020-12-08)

The art in question is <https://www.instagram.com/p/CIfsO2ZD7Rj/> . I Think the concept artist, Jean Giraud, is dead.

**Tags:** 3d-models, legal, 2d


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## 2 answers

### Answer by username_1 on 2020-12-08. Score: 3

While better fitted to our friends at [law.SE](https://law.stackexchange.com/questions/tagged/copyright), the general gist is: **No.**

Art is protected by copyright, and any adaption (*derivative work*) requires the OK from the right holders *per se*. Only 70-75 years after the death of the author (or publication for company works), a work enters the *public domain* and the copyright expires.

There are some exceptions (*fair use/fair dealing/*...), but *media transformation* is not one of them.

Giraud died in 2012, his estate or heirs - or whoever he/they sold the commercial rights to - own the right to ok derivative Works till around 2087.

> **Comments:**
> **username_2**: Yes, better asked at law se, however, if the work is a 3d model inspired by a 2 image then it can be argued that it's a new work. This concept came up when people were thinking about selling 3d prints of existing sculptures; in that case, the answer was a definite no.  
> **username_1**: @username_2 *inspired by* is ok, but  *3d representation of a 2D art* is not. There is a rather blurry line between *inspiration* and *derivative*  
> **username_2**: yes; and this is why we have lawyers  :)  

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### Answer by username_3 on 2020-12-09. Score: 0

This is something that might have a precedent, where the line is blurry, someone might have already tried, and in that case the judge's decision in that court case is the official interpretation of the law towards that specific scenario.

There might also be definitive laws regarding "derived works"...

Like the others, I would ask the Law SE for help.


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