artist (painters and photogs) rights?

Question

I took a photo pf my ex and his new gf running away (because i was in the park they were in also), and am making a painting of it, as it shows my daughter crying and asking for me.
I plan to exhibit this painting in the near future at an annual exhibit. The photo is mine, thier faces do not show, only their bodies running away, and him holding my baby, her face does show. i want to know if there can be a problem exhibiting it.
thx

my daughter is 3 1/2 and i want to show the negative effects of divorce, the photo was taken from far away, no faces except my daughter being forcibly taken by my ex. A picture is worth a thousand words, isn't it?

i love my daughter (and a son from another marriage) more than life itself. Unless someone has gone thru living with an abusive, snarling alcoholic, who is a serial liar to boot, who is only trying to impress his new squeeze, who FORCES our baby to call her MAMA and he just met this woman, who is prejudice against other races (don't you think she will hear those things? I am Mexican American) --, i ONLY speak civilly to him when the baby is out of earshot and away. I was never going to show the baby that painting but may put it away in my garage or show it to everyone who knows us, or change it so it isn't her, many options, i am not finished. But my kids come first and i could care less anout my 2nd ex, the alkie/atheist deserves nothing from me after what he's done to our bay and me.

forgive me my typos, but you get the message. painting is helping me get out a lot of anger, my stomach hurts when i hear his voice, i cannot eat when she is with him wondering about her safety, knowing he drinks.
i'm even losing weight and sleep. he does not take care of her but the burden of proof is on me legally.

Answer 1

If you are turning it into a painting and you do not see the faces, then it should be fine. As for the photo its' self and you taken it as you did...fine line here and you know it, too. But as long as you plan to use it as art and expression of life...you are fine. Any photographer can take a picture of someone as long as their faces are not shown and make an art exhibit of it with out permission of the subject, but if they are clearly shown and Identifiable, then you should have a release form filled out with permission to use their images. Protection by law.

Answer 2

First you said you were, "Making a painting of it", meaning of the photograph, which I don't see what the problem would be because you don't need to paint the subjects exactly as they appear in the photo, protecting their anninimity and any possible law suits.

But, you contradict yourself then saying, "The photo is mine, their faces do not show, only their bodies running away, and him holding my baby, her faces does show." Is it a photo or a painting??? Big difference in details.

I can't think of who your targeted market would be. I wouldn't want a picture like that up in my house, it would rip my heart out every time I looked at it. Who's going to buy that? I think this whole thing doesn't have anything to do with Your Rights to Market Your Artwork. This is about the pain you're still feeling and the hurt and you are putting your little girl right in the middle of it, and using her as a tool and a weapon. Don't put her through that.

One day she is going to be grown up and she is going to find out about that picture and YOU are going to be THE BAD GUY, not her dad. No matter how much you don't like it you are stuck with that man, your daughters father, and you two will have to learn to deal with one another in some sort of civil manner. Otherwise it will only be a lifetime of pain for your little girl. You don't want that. I know you are realllly mad at him now, but in time things can settle down and eventually, if you LOVE YOUR DAUGHTER ENOUGH and you both always want to do whats best for her in spite of your differences, you'll learn to bite your tongue and muster through it. These kids of divorced parents, they don't want to hear their parents talking bad about one another. They love both of you, and it will hurt her to hear you talk bad about him and visa versa. She didn't ask to be born into this marriage. You owe it to her....don't put her in the middle by ADVERTISING A PHOTO OF HER AS A CHILD CRYING HER EYES OUT AS SHE WAS BEING PULLED BETWEEN HER PARENTS, FOR THE SAKE OF HUMILIATING HER FATHER, WHOM SHE LOVES TOO. It will come back to haunt you. And if you're honest with yourself, this is not something you will be very proud of that you've done. Be the bigger person. Let him be a putz. Showing that photo of him isn't going to change A THING.

I've been married three times, divorced two. I have four kids, all grown now. It's much better to get along with dad, but it takes time to get there. Good luck and ...paint some flowers or something.

Answer 3

Technically, to publicly exhibit someone else's image you need a model release; however in this case, the likelihood that any legal action would go somewhere in court is null. (Unless you make hundreds of thousands of dollars on the sale of the painting or photo). Don't worry about it.

Answer 4

No
But it sounds as though you have a motive that goes beyond aesthetics in wanting to do this painting and exhibit it.

Answer 5

only if your daughter makes a problem

Answer 6

nope. As long as they are not literally identifiable as themselves, you don't need their permission for use of their image.