RE: painting of a photograph

From: Agenbroad, James \(Civ,ARL/CISD\) <jagenbro[_at_]arl.army.mil>
Date: Fri, 03 Feb 2006 17:55:01 -0500

I vaguely seem to remember an article in the Washington Post about 15-20 years ago about a painting which was an uncredited copy of a Margaret Bourke-White photo of a bombing raid on Moscow.  

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From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Millward, Debbie (VAN_Exchange)
Sent: Thursday, February 02, 2006 4:31 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] painting of a photograph  

I'm a librarian and first-time poster to this forum, hoping my question isn't too far off-base: our newspaper library handles requests for permission to use our photos or news articles, and we have one that's unusual, to us.

An artist wants our permission to make a painting from a photograph of ours that ran in the newspaper. I understand that if the painting is an adaptation, or a derivative work, or very close to a replica of the original, then permission is required. Is that correct?

My impulse is to give permission to the artist to do the painting, and charge him our minimal permission fee for the photo, provided he doesn't sell the painting. Then if he does sell the painting, we'd charge him another licensing fee.

Any insight would be appreciated!

Thanks,
Debbie  

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Debbie Millward MLS
Manager, PNG News Research Library | Infoline Pacific Newspaper Group (The Vancouver Sun | The Province) 200 Granville Street
Vancouver, BC V6C 3N3
Canada
Tel: 604.605.2933
E-mail: dmillward[_at_]png.canwest.com
Fax: 604.605.2353 Received on Sat Feb 04 2006 - 03:55:01 GMT