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Unless the copyright protection period has expired, those works are copyright and if you use them without permission, you could be sued. Copyrights are property and are part of the estate of a dece...
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#4: Attribution notice removed
Source: https://writers.stackexchange.com/a/25314 License name: CC BY-SA 3.0 License URL: https://creativecommons.org/licenses/by-sa/3.0/
#3: Attribution notice added
Source: https://writers.stackexchange.com/a/25314 License name: CC BY-SA 3.0 License URL: https://creativecommons.org/licenses/by-sa/3.0/
#2: Initial revision
Unless the copyright protection period has expired, those works are copyright and if you use them without permission, you could be sued. Copyrights are property and are part of the estate of a deceased person. The copyright holders are the heirs. Any publisher you approach is going to insist on your getting copyright releases for those works. Also note that the photograph of a painting is a copyrighted work in its own right, even if the original painting is out of copyright. IANAL, however. If you are concerned about liability, consult a qualified copyright lawyer.