Is Van Gogh in the public domain?
Yes - all of Van Gogh's works are in the public domain. Died in 1890, his paintings have been royalty-free since 1961. Anyone can reproduce, sell, modify them, without authorization or payment. But be careful: the photo of the work and the hand-painted reproduction are not the same thing. Explanations.
Yes, all Van Gogh is royalty free
Vincent van Gogh died on July 29, 1890. In most countries, copyright lasts 70 years after the artist's death. His paintings therefore entered the public domain the 1er january 1961. Since that date, no one can claim rights to the works themselves.
This means that you can reproduce, print, sell, modify or distribute any Van Gogh canvas without asking anyone's permission and without paying any royalties. This is also what makes it possible to sell hand-painted reproductions - like those in our store.
What does "public domain" mean?
The public domain is all works whose copyright has expired (or never existed). Once in the public domain, a work belongs to everyone - or rather to no one. It can be used freely, commercially or not.
Concretely, for a Van Gogh painting, this means:
Print, photograph, paint a copy: no fee to pay.
Marketing reproductions, posters, cards: perfectly legal.
Divert, recolor, transform: moral rights no longer pose any obstacle.
Share online, exhibit, publish in a book: without restriction.
The work is free, but so is the photo?
This is the most important nuance. There canvas de Van Gogh is in the public domain - but one photography this painting may, in certain countries, have its own copyright (that of the photographer). Fortunately, the jurisprudential trend is towards liberation.
The work (the canvas)
Photo of the work
Bottom line: the canvas is free, and in most cases the faithful photo of that canvas is too. But if you use a photo creative (with original lighting, unusual angle), the photographer can claim rights. Always prefer sources clearly labeled "public domain" or "CC-BY".
Can museums ban?
Some museums ban photography in their rooms or charge for licenses for images in their collections. Can they legally claim a right to a Van Gogh painting? No.
The museum is the physical holder of the work, not its author. It can regulate access to its rooms (prohibit flashes, for example), but it cannot prevent the reproduction of a work in the public domain. This principle is confirmed by European and American case law.
In practice, large museums (Van Gogh Museum, Rijksmuseum, Met) now offer their high definition images for free, with open access. Others maintain restrictions, but these fall under the internal regulations, not copyright.
Hand painted reproductions: 100% legal
Our store sells hand-painted reproductions of Van Gogh by artists. Since the original paintings are in the public domain, these reproductions are perfectly legal: no one can object.
The photographs our reproductions (those you see on the site) are, however, protected by our own copyright: they are photos of three-dimensional products (painted canvases), which require lighting, framing and staging. You can purchase and display our reproductions; please do not reuse our product photos without authorization.
What you can do with Van Gogh's works
Totally legal: the work is PD, the painted copy is a product like any other.
Legal, provided you use a PD or CC image (Wikimedia Commons, for example).
T-shirts, mugs, cards: legal. The work is royalty-free.
Recolor, divert, parody: legal. Van Gogh's moral rights expired with his property rights.
A reproduction, a poster, a screen: no rights to pay, anywhere in the world.
"Public domain is the heritage of humanity."Principle of intellectual property law
1890 to present
Death on July 29, in Auvers-sur-Oise. The rights begin to run.
70 years after death: the works entered the public domain on January 1, 1961.
US court confirms: Loyal photos of PD works are unprotected.
The Rijksmuseum, the MET, the Van Gogh Museum release their high definition images.
Four paintings, all royalty free
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Are Van Gogh's works in the public domain?
Yes. Vincent van Gogh died in 1890. With a duration of 70 years after his death, his works entered the public domain on January 1, 1961. They are royalty-free throughout the world.
Can I sell reproductions of Van Gogh?
Yes. Since the works are in the public domain, anyone can reproduce and sell them without permission or royalty. This is what our store does.
Can museums stop me from reproducing?
No. The museum physically owns the work, but does not own its rights (which have expired). It can regulate access to its rooms, but cannot claim copyright on a public domain canvas.
Is a photo of a Van Gogh painting also free?
In most cases, yes. In the United States (Bridgeman v. Corel, 1999) and France, a faithful photograph of a work in the public domain is not protected by copyright. However, prefer images explicitly labeled "public domain" or "CC-BY".
Can I edit a Van Gogh painting?
Yes. Recolor, divert, parody: anything goes. Moral rights (which protect the integrity of the work) expired at the same time as property rights.
Are reproductions from your store legal?
Totally. Our hand-painted canvases are copies of works in the public domain. The law fully authorizes this activity. Photos of our reproductions, on the other hand, are protected by our copyright.
How long would the rights have lasted?
70 years after the artist's death, until December 31, 1960. Since January 1, 1961, the works have been in the public domain.
Go to texts
- Wikipedia (en) - Public domain, duration and rules of the public domain.
- Wikipedia (en) - Bridgeman Art Library v. Corel Corp., case law on reproductions.
- Wikipedia (en) - Copyright term, duration of rights by country.
- Van Gogh Museum, Amsterdam - collection (open access).
- The Metropolitan Museum of Art - Open Access Policy.
- Wikimedia Commons - paintings by Vincent van Gogh, public domain.
This informative article does not constitute legal advice. The information is based on international intellectual property law (duration 70 years pma) and case law (Bridgeman v. Corel). For a specific case, consult a lawyer. Van Gogh's works are in the public domain.
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