What is legal status of a pre-1963 original painting, created in the U.S., if it lacks a copyright notice?

"What is the legal status of a pre-1963 original painting, created in the U.S., if it lacks a copyright notice? Would it now be in the public domain?" Yes. "What about a pre-1963 painting, created outside the U.S., if it lacks a copyright notice? Would it also now be in the public domain in the U.S.?" Maybe, depending on its status in its country of creation. Please see the link below, and see an IP lawyer for help. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

I would need to know more before answering this question. In particular, copyright protection runs from date of publication (for paintings this usually occurs in a poster or book--a public display of a painting does not necessarily constitute publication). It is not clear if this pre-1963 publication was ever published. Further, your question does not identify the author and his date of death. However, in general, works that were never published and never registered with the copyright office have a copyright term of 120 years from date of creation. Thus, it is possible that this pre-1963 painting is not in the public domain. You should check with a competent IP lawyer and lay out all the relevant facts before reaching a conclusion on this issue.

As noted, the answer depends on whether the painting was "published" or not. If not published, then the copyright in the painting is valid for the life of the painter plus 70 years [or if anonymous or a work for hire then for 120 years from its creation]. If first published before 1977 without a copyright notice the painting is in the public domain. For other variations see: http://librarycopyright.net/digitalslider http://copyright.cornell.edu/resources/publicdomain.cfm So ... the threshold issue is whether the painting has been published. The copyright law states that: “'Publication' is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication. To perform or display a work “publicly” means— (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.' You and your own attorney will have to figure out if, under this definition, the painting was published in order to answer your answer. Good luck.