Public domain and ip-infringement questions

I would like to use some images for wallpaper of a famous Brazilian. He has been deceased for over 70 years, he and his “works” are already under “public domain”. According to the Brazilian website http://www.dominiopublico.gov.br and wikipedia, such images are available for public use. I know that I would have to submit a license agreement as described here https://developer.samsung.com/galaxy-store/ip-infringement.html. However, on the public domain government website there is no such contract, only the content is made available. Could I use such images to sell wallpapers or make them available for free? And in copyright (ip-infringement) just put the link to the available content?


According to Brazilian law, in article 33, the contents that I would like to use, are already in the public domain, therefore, I could already use and edit them. LAW: http://www.planalto.gov.br/ccivil_03/leis/l9610.htm
As a contract, could I put this link?

When you submit for review include information that proves that original artist has been deceased for over 70 years should be enough. In other words proof the artist that is dead created the art.

Also remember that this is just a guideline not a binding terms of content and can be rejected for that cause. Also you are responsible for IP liability.

Ron
Samsung Developer Program

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I am drawing a theme and the highlighted image is a car that is very famous worldwide and here in Brazil. The vehicle in question that I’m drawing is a beetle. And I don’t know if it would go into the copyright issue because it is a Volkswagen brand vehicle, even though this vehicle is no longer being manufactured. I would like to know if I need to do something to be able to use this image that I drew. For if it is not possible due to copyright. I will make another drawing for the theme I’m developing. The design in question has no company logo.

The Terms of Service state that you can’t use images for which a brand is recognizable, but there are a lot of themes with cars that are easily recognizable. I saw one the other day with a clear photo of an old Corvette which I thought was against the TOS, but maybe not. Several Lamborghini designs out there too.

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I understand. And that is exactly my fear. I will try to do this theme. And I will put in the necessary information to avoid problems. But if it is rejected during the test due to copyright. I’ll do another theme for Father’s Day. Thank you for helping me.

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If you’ve ever watched TV you’ll notice that they always black out the grill with the name on it. Side views and some rear views are allowed.
so what is not allowed is
• Physical products (such as automobiles, motorcycles, cameras, handbags) that present company brand identifiers
What is allowed
Physical products that do not present brand identifiers are allowed without agreements.

BUT you can’t show a side view or rear view if it is associated with a brand. So you can’t show a VW Beetle and the name of the theme is Beetle Delight or something like that.

Check the IP Infringement and the Distribution Guides for some guidance. Ultimately it is up to the designer to be sure their content does not have any IP Infringement.

Ron
Samsung Developer Program

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Based on what Ron said I think both are acceptable, and look great :slight_smile:

The back wheel on the first one is out of proportion though LOL

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I’m not very good at drawing cars. :rofl::rofl::rofl: I’ll try to fix the rear wheel. Thank you.

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