How to Protect Your Written Ideas and Stories: 11 Steps.
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There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired.
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However, when taking pictures of copyright-protected works that are not permanently situated on public display, you will need permission from the copyright owner of those items. In this situation, you would need the permission of the copyright owner to photograph the painting and to use your resultant photograph, because otherwise your activity would infringe the copyright in the painting.