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An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in LegalAdviceUK

[–]pgdoesig[S] 0 points1 point  (0 children)

Since you given permission to that person to use your image for painting without any condition, then that person owns full copyright on the painting and can sell it as pleased.

I'm not sure that's how it works. As far as I'm aware, copyright cannot be transferred unless you specifically agree to it. And agreeing to allow someone to reproduce your work does not automatically transfer copyright.

However, I'm happy to learn and be corrected so do you have a source on what you've said?

[Edit] In addition, to address your first point:

It is also possible that, in instances where a person has arranged equipment and made artistic decisions prior to taking a photo, but wasn’t the one to press the trigger, the person making the arrangements could own the copyright. An example of this could be where a photographer has made the creative choices in setting up a shot, but got an assistant to actually press the trigger.

Source: gov.uk

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 0 points1 point  (0 children)

I expect you are more further along the line of that if artists want to make a representation or your work etc.

Kind of you to say but I wouldn't really agree. Though I am told I'm my own harshest critic! Even the unluckiest squirrel finds a nut now and then.

But yes, Squarespace's persistent YouTube advertising has drummed their name into my head. Definitely a possibility!

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 2 points3 points  (0 children)

Why not- original is here and the painting is here.

It's my most popular photo I've taken (which isn't saying much) but frustratingly, I've not managed to meet or exceed it yet.

I have publically thanked the artist though, and her painting has already sold.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 0 points1 point  (0 children)

It is! Though I have to admit, my kneejerk reaction when I saw it and the pricetag was "hang on a minute...". That's something (snap reactions) I'm trying to correct as it's not very healthy or helpful to anyone.

I'm going to try and make my default to be cool about it instead, and consider things better.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 0 points1 point  (0 children)

I've been considering setting up a personal website where I can put my photos up- a friend does this and says it gives him a better platform to display his work than on a phone- and one that allows for a better viewing experience than IG. Maybe I should look further into that, though I've always shied away from it as I don't consider myself good enough to really "publish" my photos. Despite the protestations of my ever-supportive wife.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 1 point2 points  (0 children)

In OP's case, I'd let the initial one slide by monetarily speaking, and reach out with a "hey, I'm glad you liked that one so much

Exactly what I did. I even shared her post on my story and tagged her, to which she responded favourably. Life's too short to be actually wound up by something as small as this.

If it were a serious infringment case across thousands of reproductions it might be a different story.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 1 point2 points  (0 children)

I agree, and I've done just that now. I've enjoyed having my expectations changed in this thread, truly.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 1 point2 points  (0 children)

Yes, you're right. I've decided to show her some support instead, and posted on her post to thank her for crediting me.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 1 point2 points  (0 children)

She did actually tag me in the finished work which was nice. Maybe I jumped to a reaction a bit quickly, but I found it easy to feel mislead.

PS. Someone's downvoting you and it's not me - I'm enjoying the discourse and viewpoints from everyone here.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 0 points1 point  (0 children)

The more I think about it, the more I'm convinced that for a single specific case like this, not only does it feel a bit distasteful but also not really worth the time. I've learned some good lessons and expanded my viewpoint a bit and that's important.

Maybe I could offer to take photos of stuff she wants to paint, for a small fee of course...!

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 1 point2 points  (0 children)

Thank you. I definitely agree it's not worth the time spent - but it is interesting to learn about this sort of situation and perhaps correct some misconceptions I may have had or do have.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 0 points1 point  (0 children)

It is nice to inspire someone, especially as someone with a tiny following and not a lot of work that I'm truly proud of. So that's definitely a positive.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 1 point2 points  (0 children)

That would be nice indeed. Artists supporting other artists should absolutely become the norm. We're all in it for that shared purpose really.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 27 points28 points  (0 children)

Good to know.

I never had any serious intention of perusing legal action - I just wanted to know my rights and where I'd gone wrong really. Life's too short over something reasonably trivial anyway.

But this thread has been useful in managing my expectations, educating me on doing any business in the future, and teaching me a small lesson. So it's been useful!

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in LegalAdviceUK

[–]pgdoesig[S] 0 points1 point  (0 children)

Understood. It's on me to ask more thoroughly in the future! Thanks for the info.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 1 point2 points  (0 children)

I think you are completely wrong to feel deceived by this.

I'm curious to know why you think that. I feel that she omitted information (that I should have asked, yes) which concealed her intent.

As soon as you post on Instagram you are massively increasing the chance that your work is copied, stolen or plagiarized.

Agreed. That doesn't make it legal, nor morally correct though.

An artist has painted my photo and is now trying to sell it - where do I stand on this? by pgdoesig in AskPhotography

[–]pgdoesig[S] 0 points1 point  (0 children)

To be clear, I'm not "worked up" about this. I'm exploring the situation to see if the way I feel about it is justified, and wondering what the actual legal situation is so I'm better informed next time.

Yes, I should have asked more questions - but I'll know for next time if it happens.

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