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Where do I stand?????!!
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It was just pointed out to me that a photograph that I took was painted and shown on RTE as part of The Bad Art Gallery’s up coming exhibition on work that was rejected from the RHA show.
A good while back someone asked me could they paint the photograph of mine to which I said yes, but he gave no indication as to whether it would be publically displayed as such or for sale or for any other intention because if I knew he would than I would have said no.
Probably sounds like an odd question this…but is this okay??! He never gave me any notice that is was being submitted to the RHA at all. I just think it was REALLY bad form to not give prior notice.
This is my photograph…
This is his painting…(taken off RTE’s website)
This is the clip off RTE…
http://www.rte.ie/news/2008/1003/6news_av.html?2431552,null,230
Poulet et Lait… wrote:
A good while back someone asked me could they paint the photograph of mine to which I said yes, but he gave no indication as to whether it would be publically displayed as such or for sale or for any other intention because if I knew he would than I would have said no.
What was your Terms & Conditions ?
I knew that I probably wouldn’t have much to stand on due to the fact that it was an informal agreement that the painter could use the photograph for the purposes that he stated. But declined to put forward that he would be using it for purposes such as what he did. The interesting part though even if I didn’t state with him any copyright information, is that when you submit work to the RHA for their annual show you have to sign a declaration saying that the work is solely yours and not copied as such, to which in this instance it is copied.
As for the model, no there was no release form signed, due to the nature of the shoot.
Tomorrow though I’m going to go into the gallery though and see what they say…
I think this is another example of what can happen when you don’t have the proper paperwork in place, its a lesson i’ve learnt and I think more photographers should take more time to be more formal when working with clients, i know i haven’t in the past, but ever friends you might have for years or models you have worked with again and again all need to accept that paperwork needs to be done so everyone knows where they stand..
It may seem like a pain sometimes, or you feel to formal or mean even by asking questions of “whats my work, going to be used for ” but at the end of the day, its your work.
Hope you get at least some recognition for your initial photograph.
Robert
Imagery Studio wrote:
…It may seem like a pain sometimes…
It is a pain – but it’s something every photographer is going to have to except, if they want to avoid this sort of thing happening.
well i had this problem 2 years ago too. An artist took one of my images and painted it. so i had to figure out my rights.
If the artistical interpretation is very similar and close to the reality of your photograph….the artist will need your written permission for it.
If the artistical interpretation is very different to your original image and includes an own expression of creativity, thats a different story. Nobody has to ask you to paint your image. The problem is how to find the balance between similarity and new creativity and usually the cases are very indiviual.Madeleine Calaido Weber wrote:
well i had this problem 2 years ago too. An artist took one of my images and painted it. so i had to figure out my rights.
If the artistical interpretation is very similar and close to the reality of your photograph….the artist will need your written permission for it.
If the artistical interpretation is very different to your original image and includes an own expression of creativity, thats a different story. Nobody has to ask you to paint your image. The problem is how to find the balance between similarity and new creativity and usually the cases are very indiviual.….and open to opinion and interpretation. Unless you’re very pissed off and very rich, I’d put this one down to experience (maybe even be flattered).
Si
Hi si can you clarify your post? Don’t understand it. Indeed…if the interpretation of the image becomes an own creation, nobody has to ask you.
AFAIK there’s an added gotcha.. my understanding is there are no image rights associated with paintings..
I know an artist who does a lot of Rugby artwork, which he sells.
And to the best of my knowledge he does not require any special permissions to do so. Unlike me, as a photographer I need the permission of the host club/tournament organisers before I could sell any of my photographs.I have happily given him a couple of my photographs to turn into such artwork, and in return he has given me a Print of his artwork.
But he has also sold those prints to others, it is his livelihood. I’m quite happy to say a painting based on one of my photographs now hangs in the main function room in the revamped Thomond Park, in fact it hangs right beside the dinner tables the players eat at after each match.But I knew what was going to happen when I gave that artist the permission, and he checked with me ahead of time before putting the prints up for public sale, as our original agreement was he would be using the photograph as the basis for a Mural he’d been comissioned to do.
I’d say know the people you’re dealing with and check why they want to use your photo.
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