George Washington Image copyright?

[drdesigns]

I've done a search on this forum and didn't see the answer to this question, so I'll ask it. I know everyone is probably sick of copyright questions, but here it goes:

I have a client who owns a new winery. They're hired me to design their wine label. Because George Washington once slept there and the vineyard is on a historical piece of property, whey would like to use an image of Washington on the label. The family got together searched the internet and decided they liked an image on a Christmas ornament (one of the White House ornaments). Since this ornament was created fairly recently, I'd say in the last 20 years, I'd think this specific image would be copyrighted and we couldn't use it. But, the image of Washington on the ornament is derived from a sculpture done by Jean Antoine Houdon in 1785. Does that make a difference?

Or, what about a picture of the same bust which depicts the sculpture "as is"? Would I have to find out who took the picture of the bust and get permission to use the image? Or because the bust was sculpted in 1785 it's image is public domain?

Any assistance would be much appreciated!

[Typically]

go take a pic of the sculpture yourself and then you will have no problem

[Drazan]

The sculpture itself is not copyrighted. The photos or illustrations of the bust are copyrighted to the creator.

So, yes you can use the image of the bust. But you can't use a photo or illustration previously done. You will need your own illustration or photo for it.

Jade

[PrintDriver]

They can't use the derived image off the ornament either without contacting the artist.
Have you checked out ArtRes.com?

[drdesigns]

Thanks for the replies! I found an image on artres.com I really like. I've emailed them for a price. If we find they're too expensive we'll have to go another direction.

Again, thanks for the help.

[PrintDriver]

They can be pricey. Depends on use. If you are only used to dealing with microstocks, be prepared for a shock. Or maybe you'll get lucky.

[budafist]

This one is free. (http://www.morguefile.com/archive/?display=175347&)