what do you do if your original painting was used in a movie without your consent?

Question

A few of my paintings were sold to a person who used them in the background scenes of porn movies without my consent. The close ups shots reveal my signed signature with enough detail to read my full name, even on a computer screen.

Answer 1

I'm sorry to contradict a few of the other anwers here, but I feel it has to be said. You, the artist, by law, retain the copyright to all of your artwork unless you sign a contract with the buyer saying you are also selling the copyright to them. It is not the other way around.

I'm not sure how that law pertains to your artwork being reproduced in movies like this. I'd advise you talk to a lawyer who specialises in artist's copyright laws and get their opinion.

Answer 2

Most of these answers are wrong.

You retain the copyright to your work. Work cannot be altered, at least not in California.

I had a piece used in a movie and I had to sign a release. Do they have a signed release from you? Threaten to sue. But, I think you should use it as a marketing strategy. Even if it's in an icky porn movie, hey, you saw it, right? It gives your work some strange seal of approval when it's used somewhere else. I have also had work used in national ad campaigns. When your work is used this way it really isn't an endorsement of quality, it's saying your piece matched something the company was doing.

Anyway, I say you can write a threatening letter, or get a lawyer to do it, ask for compensation, ask that your work get edited out, etc. But I think you worry too much--do you think anyone watching a porn movie is looking for the signature on the painting hanging in the bedroom where the romp is taking place? Highly doubtful.

Answer 3

If you sold the paining, you have no say over how the new owner uses them. If you are concerned, you should be more careful who you sell to, or require the buyer to sign a contract saying that your paintings may not be used for any type of comercial purpose. Once sold, you no longer have "intellectual property rights" so you cannot sue for damages (and you would have to prove you were 'dammaged', and as someone else said, they could argue that you got free publicity and were helped not hurt) and it is a hard case to prove.

Answer 4

You sold the art it no longer belongs to you. Far as your name being seen its good advertisement. Anyone who enjoyed the art (if they even noticed) now knows artist name so they may purchase other art from you. I would not worry I don't anyone noticed your name much less the art. Its a porn film you don't watch the walls! Your consent was not needed you sold paintings!

Answer 5

You probably can't do much about it legally unless you have a physical contract with the buyer stipulating specific clauses referring to the usage of, or restrictive usage of, the paintings.

Fact: You sold the artwork. Having sold it means you have transferred the rights to the art to the buyer. These rights usually include copyrights of the image, unless pre-stipulated in a mutually agreed upon contract.

Answer 6

If the paintings were sold then the current owner can do whatever they want with them.
They can even alter the painting and leave your signature on it.

Once you sell a painting, you have no rights to that painting.

Answer 7

If you sold them, and received something in compensation, then you sold your rights to them.

You can ask them to cut out the signature closeup, but there is not much else you can do.

Answer 8

Get an attorney (copyright attorney) and file a law suit against them.

Answer 9

I'd file a lawsuit. Hopefully you'll be able to settle out of court.

Answer 10

contact a copyright lawyer or just a regular lawyer