Locomotive X

Let's say there was a Locomotive X ,built in 1899. It ran many years , was photographed frequently ,well-known by railfans ,and was preserved .A group restores and operates it . Because this engine was running out in front of photgraphers for decades, its image used to illustrate book covers ,etc ,it is basically public domain . Public domain cannot be copyrighted , period . The clinker is if the owners are an unscrupulous or unreasonable group , they could get a lawyer on it and force an artist to settle out of court . No artist painting trains is getting rich doing it . It is best ,in my experience ,to at least consult with the group or owner in question ,just so there is no misunderstanding . I learned this the hard way when an irate "ramrod" of a restoration group demanded money from me for a print I released ,then went all over badmouthing me. In another case the owner of a restored engine was very gracious ,and if I wanted to do a print of the locomotive in his ownership , all I had to do is give him some prints as a settlement . If I had done a print of his engine I simply would have printed some extras at little cost to me . Though there may have been no hard legal reason to do so , I liked this individual , he had such a positive ,sharing attitude and deeply appreciated what he was trying to do ,I wanted to cooperate with him.
However ,many of us artists are extremely concerned about a future where doing our trade becomes a legal hassle . None of us can afford to have a lawyer on retainer . We are a very vocal lot ,and a legal challenge of a well-known artist will be p.r. poison of any group that attempts it . If we as a group end up painting pictures of only scrapped locomotives ,believe me ,we will tell everyone in our customer base why. The legal profession has done an excellent job shrinking our constitutional rights over thelast 30 years ,but they will have a hard time abridging our freedom of speech.