Artists who want to paint your photos...

I'm pretty sure many of you have had artists who want to paint your photos, right? I'm negotiating now with an artist who has asked a few times.

Anyway, I'll post my thoughts about this .. and ask what your thoughts are.

For starters, I'm beyond being 'flattered' that someone wants to paint my images and allowing them to do so for free. A number of times in years past, while I was still struggling to pay off equipment costs, they were making money from selling paintings of my images.

It's probably prudent to remember that "Free has no value". .. regardless of what industry you're involved in.

Ok, so, for those artists who can't afford to buy the commercial reproduction licence outright, I was thinking of drafting a written agreement to include a flat-rate percentage commission of any/every painting, print, cards and reproduction from my image.

Does anyone know if there's an industry standard rate?

I was thinking somewhere between 10% to 15% of sales. (considering that the artist expenses incurred include 50% gallery commissions + some of their own expenses which include frames, canvas,paints)

What are some of your thoughts?

Paintings from photographs? Just go look in the HDR section!

I'm no lawyer but if they're gonna be reproducing your copyrighted images in a recognizable facsimile, then get the monaaaaaay.

GtrPlyr: That's what a written commercial licence agreement is for. ... however, your comment did bring another issue to mind: In this case, I know the artist. She's actually a neighbor. Also, for 25 years, in one of my businesses, I've contracted with and paid commissions to manufacturer's representatives for sales of our products. However, I've also been told that we are one of the *few* who pay on time.

Any written legal agreement is never a guarantee that the other party will honor their committment of payment. .. but at least it offers legal recourse. Part of the written agreement can (maybe) include that "in the event of non-payment, the agreement will become void (after so many days) and this action will be considered copyright infringement that can be pursued in federal court".

.. anyway.. just still trying to figure out the pros and cons of a commission agreement.

While I'm not experienced in these dealings maybe I can think out loud...

I suppose if this is going to be an agreement between yourself and artist/neighbor and not some established company that generally knows how and what to market and how much money it expects to make from sales, I'd take it your neighbor may not, unless of course she has a business selling her artwork in some fashion and has some idea of potential sales.

So it could be a situation where you charged her, for arguments sake, a $100 to let her paint it. Then say she never sells one....ok, you made a hundred bucks. But what if she sells a million bucks worth?
Hmmm...was it MY photo that made the million or HER interpretation? (well, more like both)
Anyways, you'd be thinking...'hey, I want my cut of that million....she'd never had gotten that without my photograph in the first place!'

So I suppose a percentage of whatever is made....be it nothing, or a million or however much in between, is the way to go. Unfortunately what that percentage should be I have no idea

I do this for one particular painter,

http://www.karljohnsto​n.com/photo/pines/

There is no industry standard, only market or regional standards. Consignment usually ranges between 15-50%, so something within there. When you sell it for a price online, whatever they sell it in gallery or wherever else should match. Never compete with the galleries. Depends on your agreement with the painter how things are done, up to you.

If you're handling the creation and the presentation (prints, framing, marketing) 15% is pretty reasonable.. in order to make a reasonable profit for yourself (time especially), cover your costs (materials), and the painter's (time) you need to mark up accordingly.

Karl:
A little off topic but.....
Certainly "ART" is appealing to different tastes, views, etc on an emotional level. But your photographs are awesome and really speak to me far more than the chalk art.

I am in the same situation now, a painter wants to use my photos, I told her $100 per photo she wants to use, and Id write up a release stating she can only use this photo for this particular project, she said she wants ALL RIGHTS to the photo, what does this mean exactly? that I am giving it up? that I can no longer use this photo in my portfolio/website/blog etc? Not sure what sort of agreement I can make with her....any thoughts?

I was asked the same thing concerning an HDR landscape I had done. The painter paints photorealistic water colrs. My photo "looks like a painting". I figured if I let her do it I'd be competing with myself. It crossed my mind but didn't feel like getting into negotiations like the ones you described.

So I politely declined permission.

I'll be interested to hear if you come to a monetary agreement with this artist.