I’ve sold a number of paintings in the past and haven’t faced this issue before. As some of you know the re-written copyright laws enacted when Clinton was president gives the creator of a painting all rights to that work upon completion of the work, including all rights to images of the painting as prints, reproductions, etc.
The price is fair enough, but the guy wanting it is stating that he wants to buy the painting and all rights to it’s image. And he wants this in writing (as a binding agreement) as part of the sale.
What would you do? Have you ever been asked to sale the complete rights to one of your works? I really don’t know how to deal with this. Would this mean that I couldn’t even display a copy in my portfolio without getting his permission? Or on my blog?
Here is the painting, not that what it looks like has any bearing on the issue:
http://pics.livejournal.com/unmired/pic/00048aht/g41
2007-06-22 15:56:30 · 10 answers · asked by Doc Watson 7 in Arts & Humanities ➔ Visual Arts ➔ Painting
The guy is a hot-shot attorney in Sherman Oaks and has a lot of original art on his office walls. But something he said really bothered me. When I asked about the rights he said it was for his personal use but if some day he wanted to do 'something' with his collection he didn't want any complications and when he owns something that means he owns it.
2007-06-22 17:53:38 · update #1
ALL OF THESE WERE VERY GOOD, VERY SINCERE ANSWERS.
On Tuesday I stopped by his office and offered to sell him the painting and share co-rights to the imagine, meaning that either of us could reproduce the image if so desired and I would agree to this in writing.
He said no and I said I didn't need the $700.00 that badly, that I would hang on to it and take my chances elsewhere.
End of story.
As to picking a 'best' answer, I can't really do this because all of your replies, even the ornery dude, were great answers. All I can do is thank you all.
2007-06-28 18:04:02 · update #2
From your details, sounds like the guy is "full of it." I'd like to ask if you've been very successful with your reproductions etc. I'd come up with my largest figure, (not telling him), & then up the price by that amount. If he wants your rights, he has to compensate you for your potential loss. Clear & simple. I wouldn't sell it to him under any other conditions. & no, selling your rights doesn't mean you can't show a copy in your portfolio. It just means you can't PUBLISH it in any way. As for, "complications"...if you retain the rights, & you have a good transparency of the painting, you can do what you wish & you never have to speak to him. Complications! That is totally silly! If he's really credible, & I doubt it, & wants to own the original & not have any prints, reproductions floating around--he still has to PAY for your rights. If this is the case, he's twice silly--because if you do print a successful edition, the original will apppreciate in value for him. I see red flags.
For goodness sake, don't GIVE him the rights, SELL him the rights & make it worth your while. See what he thinks of THAT deal. WAY too many scammers in the business of art who think artists haven't got any brains. (Like, one of your collectors has a friend who wants to buy from YOU at wholesale because that's all you get from galleries! The gallery gets their cut for all their expenses & promoting you. The individual does NOTHING.)
Edit: I respectfully disagree with Puppy Zwolle. You stated he wants to BUY ALL RIGHTS. This means you COULD NOT PUBLISH THAT IMAGE IN ANY WAY. Does it make sense to you, that even if you could, (you can't), you'd go to the expense of it & the income would be HIS? Talk about complications! ONLY ONE PUBLISHER CAN HAVE THE RIGHTS TO AN IMAGE. I've sold editions for many years, some on my own, & some through my agent, (I got a % of sales in this case), but if you knew of the litigation if there was more than one publisher, it would make your hair curl.
2007-06-22 18:36:38 · answer #1 · answered by Psychic Cat 6 · 2⤊ 0⤋
First I see your a shock seeker also. I dropped my jaw as I first viewed your study. Bravo on the "chill them to the bone" subject. Second ,you have to think of it this way "" Do you want the money and can you live with knowing or not knowing what this study could have got you.? Some times Artist cant part from thier babys. You stay up late at night pacing the floor as your creation comes to life. I understand that, and I understand the need for money. However if you hold out the rights to all your work , the investers will go else were. Its a sticky place you've put yourself in to. I myself just sell my baby's and cut the tie's. I would say contact a agent or lawyer, they will help more then I can. I would like to invite you to the below web link. Its a cool place for Artist, either just for fun or all serious.... Drop me a line when you get there....Peace
Sincerely,
CWR
http://www.artwanted.com/artist.cfm?ArtID=20766&SetBG=Yes
2007-06-22 16:17:20 · answer #2 · answered by CWR 1 · 2⤊ 0⤋
Either refuse to sell it or demand more money for the copyright. In the agreement stipulate that you retain the right to use the image as part of a portfolio or in a book about you and your work. You can also demand a small royalty should he decide to make prints and sell them. Something small like $2.50 per copy.
2007-06-26 07:10:39 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Lawyers...they want any contingency covered.
Copyright can be bought to allow the 'new owner' to reproduce. It i NOT that you can't reproduce your work but if it is making money, legally that money is the 'new owner's'.
The thought behind it is that as a creator selling a painting is just a product, not the copy right. ( you buying a coke does not allow you to make your own coke) If you ad a bill of sale stating you 'give' permission to a person to reproduce, you do just that. Legally it has little to do with the selling of the item itself.
It is your kid and you are 'just' selling your right to make money (commercial copies) of that painting. You should enter in the bill of sale the reserved right to make copies (in any medium you deem appropriate) for representational purposes and you should be in the clear.
2007-06-22 23:29:16 · answer #4 · answered by Puppy Zwolle 7 · 1⤊ 0⤋
How very strange, Its not the sort of painting it seems like you would use for a business logo but maybe its something along those lines? Maybe he wants to make sure he has the only one, and that it will always be the only one?
If it was for a business I might turn him down, just because.
If he just wanted to always know that he had the only one. That's kind of neat, I could respect that and would sell it and sign over all rights. With a provision that it could never be duplicated.
In the end I guess just ask him why and go from there.
2007-06-22 16:07:26 · answer #5 · answered by Anonymous · 2⤊ 1⤋
I've actually faced this before. I do commissions as well as outright sales of calligraphy. I had someone approach me about something for a departed relative, but they told me up front that they planned on making copies and asked if I would have it camera ready! When I informed them that I held the rights, and that they could not copy it, we dickered. In the end, I sold limited rights for copying ONLY that particular piece. I numbered and signed the back. In the contract, I gave them rights for the copy, but I charged a good sum for the right, and also held the rights to copy it mysel, keep it in my portfolio, and be able to show it as a representative of my work.
It was a win/win for me...and for them! They got their copies, I have two originals...the one I sold and the one I kept. I'd never copy it, but, it stressed the point.
I don't know if you'd want to try the same approach, but it might be the starting point for bargaining. If you aren't comfortable with copies being out of your hands, it might be better to refuse the sale.
2007-06-22 16:05:21 · answer #6 · answered by aidan402 6 · 3⤊ 0⤋
Sounds like he wants to make money off the painting. I would send him walking. Not even print companies ask you to sign over all your rights to them when you enter into contract with them. Sounds like he is trying to scam you. I sell paintings all the time and continue to make money off the image after the sell. That is the nature of the print industry. I think he wants to capitalize on your hard work.
2007-06-24 19:00:05 · answer #7 · answered by billet7 2 · 1⤊ 0⤋
DON"T DO IT!!!!!!!
Once you sell the rights to the image it no longer belongs to you! You cannot use the image in any way after that, unless you pay the owner!
I have sold several paintings and make it clear that I retain the rights to the image. I would never give up that right TO ANYONE!
2007-06-23 17:52:06 · answer #8 · answered by Mark M 3 · 1⤊ 0⤋
I love the painting and well I don't know If I would sell all the rights to the piece. How much is he paying you? Are you going to be well-compensated? He must have something planned for it. I really don't think I'd do it. It's just not worth it. I just don't know what he's planning and I don't think you do either. I've known a fellow painter who did what you did and they ended up making a fortune off her piece, selling prints online, and in poster forms, and all over. Is it for a museum?
2007-06-22 16:43:29 · answer #9 · answered by aurora 3 · 2⤊ 1⤋
well, i'm a contrary type, i'd tell him to kiss my red yankee hinder end...i'd give him license to use it commercially, limited to the agreement in the license contract, but the bold faced arrogance of somebody making such a demand to me would bring out the mule in me.
2007-06-22 17:11:20 · answer #10 · answered by captsnuf 7 · 1⤊ 2⤋