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Originally Posted by shalym
Ok...if your daughter paints a picture and gives it to you, and you then give it to a museum, because you realize that it's a major work of art, has it been published? If so, was it published when it was given to you, or to the museum, or when it was created?
Shari
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Under Canadian law, it was copyrighted when it was created. OTOH, the Copyight Act specifically states that "(d) the exhibition in public of an artistic work." is not included as publication. OYAH, here it may get iffy, since giving you the painting could be construed as making it available to the public which constitutes publication.
Then we get into the moral rights. If you think copyright is murky, moral rights start off murky and wander off into tenebrous.