Copyright release when painting a photo

Arlene M. Knop

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Feb 10, 1998, 3:00:00 AM2/10/98

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If I do a painting of someone else's photograph and want to enter it in a
contest, put it on a websight, and possibly sell the painting, do I need a
copyright waiver from the photographer? How should this request be worded?
Would I own the copyright to the painting?

Leigh Kimmel

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Feb 12, 1998, 3:00:00 AM2/12/98

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In article <6bqidp$50c$2...@artemis.it.luc.edu>

I'm not a copyright lawyer, so this is not to be construed as legal
advice and if you want an exact legal explanation of your position,
consult a lawyer who specializes in copyright cases. But as I
understand the law, it depends on how you use the photograph. If you
just use it as a reference (ie. to see how the various parts of a horse
are put together, or the structure of a famous building you've never
seen in life), and especially if you use several different pictures of
the same subject so that it's clear that your work is *your*
interpretation of the subject, you shouldn't have to get permission,
because you're just using the photo as a reality check. However, if you
were to meticulously copy that picture into painting, without giving
the subject your own interpretation, then you would have to get
permission if you were to show or sell it.

How to word the request would probably depend on who the photographer
is, and what that person's relationship to you is. If this person is a
good friend, you could probably just approach him/her, say that you're
interested in doing a paint rendition of their photograph, and just put
it in writing to protect both parties. However, if the photographer is
a stranger, and especially if a professional photographer who makes a
living via his/her camera, you'll probably need to make a formal
request in writing and be prepared to fork over some dough for the
privelege. (Actually it may be better when the person's a professional,
because if they say no, you can legitimately make a counteroffer for
more money, whereas if it's between friends and thus comes as a gift,
trying to bargain can put the friendship on a perilous footing).

The copyright status of the resulting painting should be agreed upon
between you and the photographer and written into the permissions
contract.

Whether it's between friends or strangers, put it in writing to be on
the safe side. If you're really nervous, you could have it notarized,
which means that you each sign it in the presence of a notary public.
This generally costs a few bucks, but it does help prevent the question
of a forged signature, if someone later tries to renege on the deal.

"I have a right to be blind sometimes... I really don't see the
signal!"
-- Admiral Lord Nelson

Leigh Kimmel -- writer, artist and historian
kim...@siu.edu http://members.tripod.com/~kimmel/lhkwebpage.html
Listowner of Virtual Selyn, the Sime~Gen mailing list,
sime...@siu.edu
Ask me how to order the new Sime~Gen novel

JStarkey9

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Feb 21, 1998, 3:00:00 AM2/21/98

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>Would I own the copyright to the painting?

NO - the copyright of the image stays with the creator unless specifically
transferred or until the image becomes public domain.

You would be recieving useage rights and the extent of those would be dependant
on your agreement with the image creator.

joe