Re: painting of a photograph

On 2/2/06, Millward, Debbie (VAN_Exchange) <DMillward[_at_]png.canwest.com> wrote:

>

In the U.S., yes. But, based on the address at the bottom of your post, you are in Canada. The definition of adaptation and derivative work varies from one country to other country.

> 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.

The best way for you to do is to see your company's lawyer. Bring with you the photo that the artist wants to copy for painting so that the lawyer will know what to deal with. There are many things that your lawyer will have to think about. For example, do you want to give the artist the permission to display painting in the public areas? If the photo contains people, is there any concern about publicity rights? Do you want to let the artist make reproductions of the painting? Or, do you want to have a portion of revenue that comes from the sale of reproductions? Do you want the artist to indemnify you in case he or she is sued? Also, it is not just few years that you have to think about. You will have to think about 10 years from now, 50 years from now, 75 years from now.

Lest Lawrence Rosen thinks that I am giving a legal advice, I am stating here that none of the above is legal advice.

Joseph Pietro Riolo
<josephpietrojeungriolo[_at_]gmail.com>
<riolo[_at_]voicenet.com>

Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 4,711

Public domain notice: I put all of my expressions in this post in the public domain. Received on Mon Feb 06 2006 - 22:15:01 GMT