artwork for a winery

I have an interesting question regarding copyright--

Hello,

I was hoping you could give me some advice - I do not subscribe to this list but to VRA-L, however perhaps the people here could offer some help!

We know an artist who has been commissioned to create a painting for a winery. The winery is paying him a very nice fee for this work. The question is does the winery then have the right to reproduce the work on t-shirts, wine glasses, aprons, etc., without further compensation to the artist? I am assuming it does, however, the artist is demanding additional compensation and it is getting almost to the point of nasty

How on earth does the winery figure out future compensation for the rights to use the image? Didn't they pay for it? Hope this makes sense -- the more we try to hash it out -- the more questions we get, not answers. Any thoughts?

Thanks!

Randi Millman-Brown, Visual Resources Curator Ithaca College - Department of Art History 1160 Gannett Center
Ithaca, NY 14850-7275

phone: 607.274.3198
fax: 607.274.1774
e-mail: millman[_at_]ithaca.edu
http://www.ithaca.edu/hs/arthistory/ah1/ah-home/VRC.html