Certainly it would generally seem ethical, but I've seen plenty of works that were obviously derived from da Vinci or other artists with no overt credit given. Further, in things like movie scores, it's quite common to hear snippets of public domain tunes with no credit given to them (sometimes public domain works are credited, but not always).
To be sure, one must invest a certain level of creativity in a work derived from a public domain work before one can copyright it. I would guess some of Churchill's serigraphs probably meet this criterion as general works of arts, though art prints have some special rules if they are to qualify for certain special copyright protections.
BTW, another thing I was curious about: suppose I buy at an estate sale a camera positive (reversal film) movie made after 1948. What would the copyright status of the film be? I would think that, in the absense of any documentation to the contrary, buying the original film would give me the copyright to it. But what are the actual rules?
Of course, the fact that Big Chief Phoneybaloney concealed the origins of his plagiarism proves what we already knew anyway: he's nothing but a fraud and a liar.
Kindly shove your distracting hypotheticals, thank you.
The subject is Ward Churchill who is a proven fraud. The issue is Churchill misrepresenting "his" artwork as authentic and original, and the fact he misrepresents himself as a contemporary Amer.Indian artist. Churchill evidently fooled Indian culture authority Hirschfelder. Churchill didn't fool the Freepers. Please note the following excerpt:
Arlene Hirschfelder Collection
UNIVERSITY OF ARKANSAS AT LITTLE ROCK
AMERICAN NATIVE PRESS ARCHIVES
ARLENE HIRSCHFELDER COLLECTION
ANPA MSS 036
Last updated: February 2003
EXTENT
ADMINISTRATIVE INFORMATION
Provenance
Gifts from Arlene Hirschfelder, April 2001 and December 2002
Ownership and Literary Rights
The Arlene Hirschfelder Collection is the physical property of the American Native Press Archives, University of Arkansas at Little Rock. Literary rights, including copyright, belong to the authors or their legal heirs and assigns. For further information, consult the appropriate curator.
Restrictions on Access
The Arlene Hirschfelder Collection is open for research.
Citation Format
Arlene Hirschfelder Collection. American Native Press Archives.
HISTORICAL NOTE
Arlene Hirschfelder is the author of numerous books and articles on Native Americans including Happily May I Walk: American Indians and Alaska Natives Today (for which she won the 1987 Carter G. Woodson Book Award from the National Council for the Social Studies). In 1989 she received Colorado State University's Native American Service Award. She served on the staff of the Association on American Indian Affairs for more than 20 years. An educational consultant specializing in Native American Studies, she also taught at the New School for Social Research in New York City. She holds an M.A. from the University of Chicago and currently lives and writes in Teaneck, New Jersey.
DESCRIPTION OF THE COLLECTION
The Arlene Hirschfelder Collection consists of materials related to the Native American Heritage Month Committee, New York City, arts, tribal press, literature, language and education. Materials cover the period 1969 to 1996.
[...]
U.S. Department of the Interior, Sioux Indian Museum and Crafts Center (Exhibit Announcements/Catalogs)
Paintings by Robert Penn, 1970
Paintings and Drawings by Donald Montileaux, 1970
Paintings by Raymond Arrow, 1972
Experiments in Collaboration [Arthur Amiotte, Rose Gibbons, Lula Two Bonnets, Christina Mesteth], 1973
Paintings by Orville Salway, 1973
Miniatures by Emma Amiotte, 1973
Paintings by Buddy Feather, 1973
Paintings by Donald Ruleaux, 1974
Paintings by Ray and Carl Winters, 1974
Paintings by Sidney Keith, 1974
Paintings and Wall Hangings by Donald Montileaux, 1974
Paintings by Martin Red Bear, 1974
Paintings by Robert Leedom, 1974
Pottery by Ella Irving, 1975
Paintings by Ernie Smith, 1975
Paintings by Dominick LaDucer, 1975
Pottery by Al Blacktail Deer, 1975
Paintings and Drawings by Duane Firethunder, 1975
Jewelry by Colin Andre, 1976
Sculptures by Alfred Ziegler, 1976
[Ta Da!]
Paintings and Drawings by Ward Churchill, 1976
[!!!]
Pottery-Paintings-Weavings by Violet Kingman, 1976
[...]