Re: artwork for a winery

On Tue, 08 Jun 1999, Randi Millman-Brown <millman[_at_]ithaca.edu> wrote:
>
> 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?

Is there any kind of contract with the artist, that so states what the artist's rights and the winery's rights are?

That is the first question to answer. Then I would consult a qualified contract expert. This sounds like something that could go to litigation. Unless things are spelled out, it probably will get even uglier. There's no way to no who's right unless things are truly spelled out contractually.

I create graphic artwork, so I would be interested in hearing what the final outcome of all of this is and anyone else out there who could advise on this issue. It does make me wonder.

Craig Hayward, layman-JAT (jack of all trades) <chayward[_at_]hbmaynard.com> Received on Wed Jun 09 1999 - 14:52:04 GMT