Someone basing their paintings on a photographer's photos - your thoughts?

Discussion in 'Photographic Discussions' started by AfroKen, Jan 22, 2010.

  1. AfroKen

    AfroKen TPF Noob!

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    I'm a relatively new photographer in many respects, so there's so many things that I haven't thought through yet.

    Eleven Shadows Travels: Death Valley 2009-2010

    A friend of a friend sent the above link, my photos of Death Valley, around. One of her friends is a painter, and was interested in painting several paintings of them.

    Now, I don't know whether she is a commercial painter or what she is going to do with them or whether she is simply going to paint them for her own enjoyment.

    Assuming that she is a commercial painter or is using this in a commercial manner, what are some points to consider? Are there articles or anything on this sort of thing? What should I consider? This is a totally new area that I've never once encountered. Your thoughtful responses are greatly appreciated. Thanks!
     
  2. AfroKen

    AfroKen TPF Noob!

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    BTW, just to be clear, I'm not looking at anything other than something that is fairly typical and FAIR for everyone, and am not looking to soak someone for money.
     
  3. KmH

    KmH Helping photographers learn to fish Supporting Member

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  4. AUS-10

    AUS-10 TPF Noob!

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    Posting the same thread in 2 sub-forums = :thumbdown:
     
  5. KenC

    KenC Been spending a lot of time on here!

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    This is currently a confused area of copyright law. In some cases where the end product bears little resemblance to the photo, there is no copyright issue, but other factors also are important, e.g., commercial considerations, how much of a photo is used, etc.

    Here's a cite to one recent article from a law review which may or may not help:

    59 Brooklyn L. Rev. 373
     
  6. ChasK

    ChasK TPF Noob!

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    Boy what a can of worms. If you use the above link copyright.gov, spend half of the rest of your life reading studying and getting legal opinions, you'll find copyright law is as clear as mud. Two things are clear 1) you have more rights and better chance of enforcing your copyright if you register it. 2) it is up to you to enforce your own copyright. If you and her(?) can come to an agreement on your own about the use of your pictures you will be much better off for it, your pictures are very nice but they are only worth what someone is willing to pay for them. Derivative works is what you would want to brush up on.

    As an afterthought I visited the site (copyright.gov) just now and found it to be much better than it used to be. So change the above estimate from half to a third.
     
  7. KmH

    KmH Helping photographers learn to fish Supporting Member

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    :lmao::thumbup:
     
  8. Mike_E

    Mike_E No longer a newbie, moving up!

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    I think that it would cost far more for you to collect than you would ever get if the artist thought that your wanting to be payed was insulting.

    Unless the artist is doing commercial work, I think that you should just be flattered and let it go with a promise of an invite to any gallery showings. :)
     
  9. Josh66

    Josh66 Been spending a lot of time on here!

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    I would find out. A friend of a friend's friend isn't exactly a close acquaintance, so you may never know what s/he does with it.


    I used to paint some, and I often used photos (my own) as inspiration, so I can definitely see their interest in painting one of your photos.

    MY personal opinion is that if it's just for personal use - I wouldn't mind. If it was for some kind of commercial use I would probably have a problem with it though...
     
  10. Dominantly

    Dominantly TPF Noob!

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    How would you stop it?


    "Your honor, he clearly used my photo as a reference to paint Mt Baker, the image I captured is the only known angle of that mountain, the same tree line I have in my photograph, clearly appears in his painting..."

    :meh:
     
  11. Josh66

    Josh66 Been spending a lot of time on here!

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    You can't. The fact that they're asking suggests that they care about his opinion though...
     
  12. Dominantly

    Dominantly TPF Noob!

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    True...
     

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