Can someone copyright their alteration of art in the public domain ?

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  • For example: If a person alters the Mona Lisa in some way such as many people have done, do they have intellectual property rights covering their alteration?
  • If the changes are such that it transforms the work (and there is no definition of this; it would be a matter of opinion if it ever came to court) then the creator would own copyright for the new work.
  • If the changes are such that it transforms the work (and there is no definition of this; it would be a matter of opinion if it ever came to court) then the creator would own copyright for the new work.
    PLEASE Keep in mind that this would need to be determined FIRST during registration of the "license to sue" called a copy[rite] in the United States as no litigation is allowed without this license to sue. See 17 USC §411 See 17 USC §412 The copy[rite] office will not issue a "license to sue" if in their opinion the new art was not sufficiently transformative. The copy[rite] Act has been unconstitutional since 1790 and was made more wrong in 1976 and then again in 1990 as is pending now before an Eighth Circuit panel.
  • Thank you for the responses so far. They are helpful!

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