Paul Lewing on thu 20 sep 07
On Sep 20, 2007, at 3:48 PM, L. P. Skeen wrote:
I have a polaroid of my grandmother,
If I have the portrait done, who owns the copyright after I pay for it?
Lisa, I don't know who would own a copyright on such a picture, but
why would anyone ever care?
Paul Lewing
www.paullewingtile.com
om on thu 20 sep 07
On Sep 20, 2007, at 3:48 PM, L. P. Skeen wrote:
> ... I'm thinking of having a portrait made (painted) from this
> image, and I want to make prints of the portrait to give my dad and
> brother.
>
> If I have the portrait done, who owns the copyright after I pay for
> it?
Usually, if you commission a work for hire, you have the copyright.
But the safe thing to do is to simply clarify with the painter prior
to hire, that you want the polaroid back, the painting itself, and a
complete transfer of any copyright he may have in the work. That way
you're bases are covered.
Odin
Lee Love on thu 20 sep 07
On 9/20/07, L. P. Skeen wrote:
> Sort of OT maybe, not sure. I have a polaroid of my grandmother, best picture I've ever
> If I have the portrait done, who owns the copyright after I pay for it?
All depends on what you agree to. Just tell the artist what your
plans are, before they set the price. Tell them you want the rights
to reproduction and you described to us.
--
Lee in Minneapolis, Minnesota USA
"Making pots should not be a struggle.
It should be like walking down a hill
in a gentle breeze." --Shoji Hamada
http://mashikopots.blogspot.com/
"For a democracy of excellence, the goal is not to reduce things to a
common denominator but to raise things to a shared worth."
--Paolo Soleri
L. P. Skeen on thu 20 sep 07
Sort of OT maybe, not sure. I have a polaroid of my grandmother, best =
picture I've ever seen of her - it was made after she had lost her mind =
to alzheimer's, and she looked really happy like she was having fun. =
Being a Polaroid, it's not gonna last forever, and has already started =
fading out. I'm thinking of having a portrait made (painted) from this =
image, and I want to make prints of the portrait to give my dad and =
brother. =20
If I have the portrait done, who owns the copyright after I pay for it?
L. P. Skeen, Summerfield NC
2008 Clay Lover's Calendars will be delivered to me next week!!! Order =
yours today for early shipping. =
http://www.living-tree.net/calendar.htm
Dan Saultman on fri 21 sep 07
Hi Lisa,
If you are worried about copyrights, Write up a short paragraph that
says that the painter relinquishes all rights, and have the painter
sign and date it. It should be no big deal. Perhaps you are worried
that Kinkos might want to hassle you over it? Otherwise, unless you
plan on doing a national billboard campaign, showing the picture in a
feature film or placing the picture on boxes of post toasties you
should be just fine. In such instances it is a courtesy to give the
painter credit, in small type, for the painting. Any repros could have
your name, date and copyright sign if you wish to warn others that it
is protected.
Dan
Dan Saultman
Fine-Art Pottery
Detroit
http://www.saultman.com
On Sep 20, 2007, at 6:48 PM, L. P. Skeen wrote:
> I'm thinking of having a portrait made (painted) from this image, and
> I want to make prints of the portrait to give my dad and brother.
>
> If I have the portrait done, who owns the copyright after I pay for it?
>
>
Lynne and Bruce Girrell on fri 21 sep 07
Work for hire.
You own it. If you really want to make sure, write it in a contract prior to
commissioning the work.
Bruce Girrell
_________________________________________________________________
Discover sweet stuff waiting for you at the Messenger Cafe. Claim your
treat today!
http://www.cafemessenger.com/info/info_sweetstuff.html?ocid=TXT_TAGHM_SeptHMtagline2
Lisa Skeen on fri 21 sep 07
Well, you're prolly right in this particular instance, since nobody but
my relatives would ever get a copy, but I was just wondering....
L. P. Skeen +
Calendars arrive in one week! Order yours today at
http://www.living-tree.net/calendar.htm
Living Tree Pottery
Summerfield, NC
> -------- Original Message --------
> Subject: Re: artwork copyright?
> From: Paul Lewing
> Date: Thu, September 20, 2007 11:31 pm
> To: CLAYART@LSV.CERAMICS.ORG
>
> On Sep 20, 2007, at 3:48 PM, L. P. Skeen wrote:
> I have a polaroid of my grandmother,
> If I have the portrait done, who owns the copyright after I pay for it?
>
> Lisa, I don't know who would own a copyright on such a picture, but
> why would anyone ever care?
> Paul Lewing
> www.paullewingtile.com
>
> ______________________________________________________________________________
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Lee Love on fri 21 sep 07
On 9/21/07, Lisa Skeen wrote:
> Well, you're prolly right in this particular instance, since nobody but
> my relatives would ever get a copy, but I was just wondering....
Actually, getting permission is simply respect for the artist.
--
Lee in Minneapolis, Minnesota USA
"Making pots should not be a struggle.
It should be like walking down a hill
in a gentle breeze." --Shoji Hamada
http://mashikopots.blogspot.com/
"For a democracy of excellence, the goal is not to reduce things to a
common denominator but to raise things to a shared worth."
--Paolo Soleri
Jeanette Harris on fri 21 sep 07
>Sort of OT maybe, not sure. I have a polaroid of my grandmother,
>best picture I've ever seen of her - it was made after she had lost
>her mind to alzheimer's, and she looked really happy like she was
>having fun. Being a Polaroid, it's not gonna last forever, and has
>already started fading out. I'm thinking of having a portrait made
>(painted) from this image, and I want to make prints of the portrait
>to give my dad and brother.
>
>If I have the portrait done, who owns the copyright after I pay for it?
I would think you own the copyright. Copyrights only come into
question when an image could be included in a publication that has
the potential to be sold. That's my understand.
If you have a digital camera, set the lens either to macro or at the
highest resolution you have and at the recommended distance for that
lens setting and take several shots. (Set the camera down on
something that is exactly in line with the photo, then very gingerly
press the button. This will avoid blurring.) I usually shut the flash
off too. The larger image can be cropped, so don't worry about the
background that might show. The object is to get the best image
possible at the highest resolution. Store the image in your computer.
If you want to commission a portrait, print it off on high quality
paper and give that to the artist you commission. Keep the Polaroid
in an acid free envelope or folder and store it away from the light.
I was able to preserve several tintype images and some old regular
photographs and share them with my family as attachments to email.
Good luck!
--
http://jeanetteharrisblog.blogspot.com/
http://www.washingtonpotters.org/members/Jeanette_Harris/wpa_jeanette_harris.htm
Jeanette Harris
Poulsbo WA
Mea Rhee on fri 21 sep 07
When you pay for the painting, you own the painting, not the copyrights, i.e. you cannot reproduce,
alter, or derive new works from the painting. The copyrights can easily be transferred to you by the
painter, it's no big deal, just ask. Especially for what you intend for it. Or if the painter wants, they
can transfer to you only the reproduction rights, i.e. you still can't alter or dervie. It's only legal if
done in writing. A simple conversation beforehand is all it takes. I know this is nit-picky, but a world
without the Copyright Law would be very dark for artists.
om on mon 24 sep 07
On Sep 21, 2007, at 11:26 AM, Mea Rhee wrote:
> When you pay for the painting, you own the painting, not the
> copyrights, i.e. you cannot reproduce,
> alter, or derive new works from the painting.
It appears that Mea is correct and us "work for hire" people
(including me) were wrong. As far as I can tell, and I'm no
copyright guru by any stretch of the imagination so don't take this
as gospel, paintings don't fit into the work for hire provisions.
Even if they did, when hiring an independent contractor you need a
written statement that the work is a "work for hire" prior to the
start of the project.
http://www.copyright.gov/circs/circ9.html
http://www.copylaw.com/new_articles/wfh.html
So the answer to the original question is clear -- discuss what you
want and negotiate for that before you get the painting made.
om
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