 Doug Oriard |
Handling requests to paint from my photos I'm a photo hobbyist and I've started publishing my photos to the Webshots community. (I'm still checking out what uploading options are available on this website.) I've had a request from someone who wants to do paintings of my photos? How do you handle these requests? I'm thinking of giving permission for non-commercial use, but I don't know if I should have any legal documents made in case I sell these photos professionally later. I also do paintings of my own photos sometimes. How do you handle these kinds of requests? Any advice would be greatly appreciated.
|
|
|
|
||
|
Michael H. Cothran |
I've experienced the same dilemma. In fact, I ran across a painter at an arts & crafts show that had paintings of my images. Fortunately, they were really bad, so I doubt if any of hers will ever sell. Of course I could sue, but I feel it would be a lot of smoke, and very little fire for me in the end. I think it's one step in your advantage that someone even "asks" if they can paint your photograph. But that said, what's to keep anyone from doing it if they really want to? I sell at arts and crafts shows, and sell lots of note cards. I'm certain that some of the customers who purchase the images are artists with the intent to take them home and paint from them. I can't control that, so I don't worry about it. I think you are very wise in your decision to allow "non-commercial" use of any images the artist may paint. Just get it in writing. If you ever come across one of these paintings in a publication, or for sale, then you do have justification for legal recourse. Remember though, that the cost and time involved with a legal action may not be worth what you actually reap in judgement awards. It's a sad thing for the victim, but it is reality!!
|
|
|
|
||
|
Doug Oriard |
Thanks for the response Michael. Here's what I replied to the interested person: I will agree to you painting from my photos for personal, non-commercial use. If you publish them to Webshots, I ask that you show credit to me as you have done with the other paintings you have on Webshots. If you want to sell these paintings, I would expect a percentage of the profits (exact percentage to be negotiated, if interested). If you agree to this, I would like the agreement in writing.
|
|
|
|
||
|
Michael H. Cothran |
Doug - Perfect! Michael
|
|
|
|
||
|
Joy Rector |
I am interested in finding a fine art painter who may like to purchase or use some of my work (I like your reply to the interesetd person). Anyway, how would I go about finding these "interested" people?
|
|
|
|
||
|
Jason M. Sipe |
As a painter myself, I can tell you that an artist may paint anything he/she wants to, and sell it. It's a courtesy to ask for permission, but the fact that an artist has "artistic license" really would not give you much strength in court to sue them. Anything painted or drawn can be considered, in its own right, an "original work," regardless of the fact that they merely painted from your photo. As a photographer, I can see your frustration, but it can't be helped.
|
|
|
|
||
|
Joy Rector |
I don't understand your answer, Jason. I was not upset about someone using my photos, I was asking how I can find fine art painters who may want to buy some from me. My professor at College said he had an artist ask him to buy some of his, he says they are sometimes available in the backs of magazines?
|
|
|
|
||
|
This old forum is now archived. Use improved Forum here
Report this Thread |
||