Northwest Dive Club

OK, I admit I've never run across this one before! I got an email today from a painter - and here is what it said:

I am an amateur painter and only recently became a member of Art-East in Issaquah. I have checked with established painters and searched the internet about the use of photo’s for a painting, but I cannot get a clear answer to this. Anyway, I paint with photo reference, usually my own photo’s. A while ago a photo of yours appeared in the Seattle Times. Although the subject was kind of sad, I thought the photo was really beautiful.

I used a part of the photo for a small painting (12x12) intentionally for my own use, as a matter of practice. But now I was wondering if I could turn it in for the annual art auction benefiting Art-East in Issaquah with reference to your photo. Could you please advise me of your thoughts about this?

Thank you so much for your time.

And so I ask you - if it were you, what would YOUR thoughts be? How would you respond?

- Janna

You know me I'm easy,,, If it's for a benefit auction why not? Though it was made using your photo for inspiration it's still his painting and not your photo so it is really questionable whether he even needs to ask.

Just my 2 psi

I've had artists use my work in the past and enjoyed seeing it used this way.



You have a copyright on your images that gives you control over it's use-- including instances such as this. When I receive use requests I ask for a description of how its to be used, then ask for a small payment depending on whether it's to be used commercially or for educational purposes. (Researchers and educational organizations always get free use for my work)

The artist who contacted you was honest and asked your permission, that's a positive. The best response for both you and the artist would be a one time use agreement. This would allow the artist to show or sell his/her work without requesting your permission each time. This doesn't have to be formal or anything, just a short description that so-and-so has permission to use this image for one time reproduction. Put the amount of use fee (if any) and stipulate whether attribution is required. I'm sure there's a boilerplate agreement form floating on the web somewhere if you wanted.

Since he's nice enough to ask, I'd be inclined to say OK ... with the proviso that he didn't benefit personally from the sale, and that any applicable credits for the subject matter be given to the photographer ...

(Edit ... I like Dan's answer better) ...

... Bob (Grateful Diver)

I'm easy, like Dusty. I'd be absolutely flattered. I've had people ask to purchase my photos and others encourage me to sell them. That's just not my style. I give them away to anybody that asks. To find that someone had used one to create art---I'd be thrilled! The only thing I'd ask is that they send me a photo so that I could see it for myself.

Fantastic! Your thoughts are all very similar to mine - just wanted to make sure I wasn't making some sort of stupid blunder. And yes, Jenn, that was one of my first thoughts - can I see a photo of the painting? Thanks for all your input - very helpful!
- Janna

When Milton Love asked me if he could use one of my photos in the next edition of his fish book, I couldn't say YES fast enough! It never occurred to me to ask for a fee; just having a picture of mine in an actual book is enough to feed my ego for months.

I agree with everything that's been said; I'd be totally flattered and excited to have somebody consider a shot of mine good enough for such a project. I think Dan has the right idea, giving him one-time rights etc. but since he wants to use it for a benefit auction, I wouldn't ask for a fee, just credit for the photo. But that's just me.

I agree with others on several fronts. I've been asked by several people/groups to use my photos, and I always consider it an honor that anyone would want to use them. And I'm always a little surprised that anyone would bother to ask my permission! If the use is non-profit, I never ask for compensation. What I do ALWAYS ask for is that I be credited, including my website, e.g., "This painting is based on a photograph by Bruce Yates, www.UnderwaterReflections.com" so that anyone interested knows how to find my website and other photography. I also ask for a copy of the item it was used for, which in this case would be a good quality photo of the painting.

I say yes... let photo become a painting!

Here's the original photo: And here's the painting: Pretty cool, huh?

- Janna

Very nice!

Sent from my T-Mobile G2 using Tapatalk

Oh wow! That is gorgeous!! Perhaps we should all go to the auction and bid on it!

Nice!

I think its great that the artist asked, and that you have a good working relationship with him. But the work is also clearly original so I don't think your permission is actually required.

CaptnJack wrote:Nice!

I think its great that the artist asked, and that you have a good working relationship with him. But the work is also clearly original so I don't think your permission is actually required.

Fun painting! :-)

The artwork seems to pretty much be limited to a small section of the bottom center of Janna's picture, with the upper left fish in the painting moved a bit more to the center, so I'd say the artist is doing the right thing asking. Your pictures are protected even if only a small part is duplicated. You may recall when George Harrison lost a copyright suit when he 'wrote' a song called "my Sweet Lord", it was a melodic copy of "He's so fine" recorded by the Chiffons. A copyright for artistic work such as songs and images is 'all or in part'.

By they way, if you want to find out if anyone is using your online images in any way just go to the website

http://www.tineye.com/

and do their 'reverse image search'

Very Cool!