May a publisher buy a painting from an artist and publish an altered version of it without the artist's permission?
ANSWER
No, provided that the copyright in the painting is owned by the artist and the copyright has not expired, or provided that the alteration constitutes a violation of the artist's right of attribution and integrity.
The unauthorized alteration of a work infringes the exclusive copyright to prepare derivative works based on the copyrighted work and the publication of the altered work infringes the exclusive right of public distribution. However, if the painting is a work made for hire, the copyright in the work is owned by the employer.
In this case the employer may be free to make changes without the artist's permission. If the change prejudicially affects the honor or reputation of the author, then it constitutes a violation of the artist's right of attribution and integrity. In this case, despite having sold the copyright, the artist may prevent the owner from making these changes.
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