View Full Version : Please I need your help!

03-14-2012, 04:51 PM
I'm having an issue with a photo contributor for my latesy WIP painting, for the sake of not being repetative, please read my latest post in my thread here-
I need your input!!!!!

Orchid Lady
03-15-2012, 01:13 AM
Barb: You said that you had the owner of the photo reference's permission (initially) to use their photo for your painting. If that initial permission didn't contain any restrictions, and then you started the painting, you would legally be okay as far as showing that completed painting. It goes along the line of a contract. Once you start the painting (thereby performing your end of the contract), they can't come along and change the terms of the agreement (that would be a "breach" of their part of the contract). If you have all this in writing (as to the initial agreement about use of the photo), you should be legally okay. Just because they own the copyright, doesn't mean they can dictate the content of your painting. It's either a "yes" you can use it or a "no" you can't. Just my humble opinion....

03-15-2012, 07:29 AM
I agree. What I feel it boils down to is that these people want something for nothing.. if you can't do this piece for OUR benefit then, you can't do it. If it were me, I'd just keep the painting for myself and move on. Personally, I think they're childish and selfish to change up in the middle of your project. I'd be honored if my Scottie dog was used in anyone's art!

03-15-2012, 10:40 AM
Thank you Orchid Lady, and FaeLynn.

Yes, I have the emailed OK to use the painting with the credits/print I had offered.
Here's what I think happened, and it is only reflected by their emails and my "reading between the lines".
I think initially they were very happy for it's use with the credits as I had intended. Then, after mulling it over some, they thought it may be an avenue to promote their dog in the US.

My first reaction of course, was to say "NO" to their newest restrictions(putting their names and dog's name ON the painting). But, then after agreeing to put just a label of the dog's info(their names and dog's) on the Back of the finished piece, which I thought would be even MORE over the top as to their credit. The very next email I got was to give me ALL of their dog's recent wins(and quite the winner she is).

I thought, how odd? Then it hit me, the next thing they would be insisting on would be for her wins to be listed! Maybe I'm wrong, but I do not think so.

So, I went with my "gut" telling them I had decided not to finish the piece.
What they apparently fail to realize (even after I pointed it out), this wasn't a commissioned piece, nor had they offered to purchase the painting. They could have had input then as to how my art was being done, at least to an extent.

They have lost out on an opportunity to have their subject dog seen by some of the top US exhibitors. As I would have listed her info as subject in description of the piece. silly people.

So, it is put aside. My heart was no longer in it, and it would need to be for me to do my best, always wondering what their next eamil was going to insist on. Too bad, as I felt it was turning out to be one of my best.:(