What would you do?

[thomascanty]

I just got an email from a woman asking my permission for her to paint one of my pictures. In other words, she's a painter and wants to use one of my pictures kind of as a model to work from. Since she's creating a separate work of art and not actually doing anything with my picture other than look at it, should I charge a licensing fee?

[steven]

I would say yes.

Since she is using your pictures, it is your composition she is making use of. If it was not good and worth something she would be useing someone else or going from memory.

After all isn't it the composition, the way your frame it, that people pay for when they buy prints?

[eric1]

i don't know Lonnie. if she wants a print to work from, then yes. if it's a pic on your website she could just look at it there, you'd never know. is she going to sell her painting? then yes. i feel you should get payed, but it's a strange situation. i don't know how copywrite laws would apply to your situation.

[Belmondo]

All she's really asking for is permission to use your composition. Beyond that, there really sin't much she can do with a photo. Hers will still be a painting, and your photo will still be a photo.

[Scottes]

I'm not sure that Tom's read on this is correct. If so, then I could take pictures of someone's paintings or sculptures and sell them as my art. Her painting would be a reproduction, even if it's in a different medium. And if that's OK, then I can Xerox a photo and call that my art.


But I would charge her and license it for a one-time use for her painting. $1 and a signed piece of paper. If she wants to do more with it (ie; sell it or make 100 prints) then it becomes different, and a full licensing scheme should be sought.

Just my opinion...

[CoolToolGuy]

Your 'work' is what she will use as inspiration for her 'work'. If it were a story that were turned into a screenplay or a movie you would be entitled to a royalty or a fee, so I would look at it the same way. Charge her a usage fee and grant her non-exclusive rights to the image.

My 2 cents.

Have Fun,

[Big_B]

Musicians pay to buy the score. This is the same concept and so I would say yes, she should pay you.

[thomascanty]

There are some very good points here. I don't think she intends to sell the painting, but I will clarify that point with her. In any case, some sort of licensing agreement should be made here. I think I know how to reply to her now. Thanks!

[Conk]

My rule is that people who ask permission have it as long as they do not intend to make money from the image.

[jgbeam]

There are some very good points here. I don't think she intends to sell the painting, but I will clarify that point with her. In any case, some sort of licensing agreement should be made here. I think I know how to reply to her now. Thanks!

If no money changes hands, no fee for you, but it sure would be nice if she gave you a photo credit if it gets published or displayed. A little publicity can't hurt. :wink:

Jim