Someone Wants To Paint My Photo That Is Copyrighted

Offer to sell her a water color version of it on canvas or paper and run the file through a watercolor paint filter. Have it printed by your local printer and keep a lot more of the money for yourself.

Or put a price on it, equal to the size of the print she wants and sell her a one time use licence.

Floyd, you make me laugh... you have a nose for business and I say that in a good way :-))

Crissy, it depends on what you want out of it. Do you want the money for the use of your image or do you want her art? I'd be inclined to ask for a print of her original in exchange. A signed print the same size as the original.... that way she gets to use your photo and you get to have her art... but that's just me...I collect art lol

This thing is, if she bought a stock photo to use, she could probably buy it for a few dollars.... that's just how it is.

I recently bought 20 black graphic silhouettes in a package off a stock site for $20 bucks... just saying.

Cheers, Barbara

Are they going to sketch it and sell it, or merely hang it on their wall?

If it is for personal use, they can buy a print or even a card.

How much compensation?

she said she wants to give it to her teacher for graduation we haven't discussed any compensation. I just don't know why she just doesn't buy the card or small print

Floyd can you tell me a little bit more about the user license that you mentioned

"she said she wants to give it to her teacher for graduation we haven't discussed any compensation. I just don't know why she just doesn't buy the card or small print"


Exactly...

Sounds fishy.. If she likes your work buy a print to gift it to her teacher. Or have the artist paint a simular style painting.

that's exactly what I'm thinking Jennifer I think I'm just going to say purchase one of my prince and let your friend do whatever he wants with it when someone buys your work they can do anything they want anyway. I appreciate everyone's help on this thank you so much really nice to have a great community of artists on your side. :)

I am making some assumptions. One being that she is going to do an original watercolor painting from you image.

If she just wants to use the image for that one painting and not make copies or prints to sell or give away in the future, you would write up a one time use contract the explains that she is only allowed to paint one painting could not be reproduced for any reason. In other words you would retain the copyright on the image.

How you convey the image itself to here is something else that would have to be worked out. Can she paint from the screen image? Does she need a hard copy and what size?

I usually have a good idea of what I want to sell a file or use of an image.

I usually respond to these kind of requests with that price. Something like, my normal fee for one time usage is approximately X-Dollars however that fee can vary depending details of how the image is going to be used.

Or you can just ask exactly what she intends to do with the image and cove things like reproductions and further use.

Don't tell her she can do anything she wants with it. That's not how it works. Just because they buy a print does not give them rights to reproduce it in any way. It's YOUR work. You get to decide how you let them use it, if at all.

Fishy?

The is not enough information to even go there.

Is this an art student that wants to "paint" a gift for here teacher? Then a print wouldn't do would it? You need more information.

Don't let paranoia turn an opportunity into something other then what it is until the evidence takes you there.

If this was a con, they would have just did a screen capture of the image and did the painting and you would have never known about it.

Handled poorly, you may encourage them to do just that yet.

I would refer them to paint my photo. http://paintmyphoto.ning.com/ There they can just pick out of hundreds of copyright free photos to paints. Its a gentle nudge that your not interested.

I always get a kick out these kinds of threads.

75% of the advice (or more) is how to blow off an opportunity instead of how to capitalize on an opportunity! But then, some of those same people are in all of the "I am not selling a damn thing" threads!! lol

Sounds like an opportunity to make some money. What's the problem?

Floyd that's mean :(

As long as they do not sell it or use it or monetary gain, why not? But get it in writing.

She can paint or sketch your picture without asking cant she? How is it fishy, lol. I would say they were honest with you even though it may not be the right thing.
They did ask.

Exactly. Both Monsieur and Brian gets it.

Until there is a lot more information to suggest otherwise, there is no other way to look at it, imho.

Sorry Melissa, I thought this was the place where the brutal truth was encouraged?

I always appreciate it when someone asks!

Just because it sounded fishy to me it doesn't mean I told her not to grab onto an opportunity to sell her work. I just posted what first popped in my head ( not always a good thing)/ I would sure look into every possible tool offered to help. I would
read more information on Licensing.

A far as some people being on the "I am not selling a damn thing" threads!!
I cant speak for anyone else but as far as myself I enjoy the conversations here most of the time.
Its not all about what I sell here on this site or not. Art is a hobby for me so I just chill. If I seal something cool.

A lot of the art I do I don't promote or sell I give it away to the people I work with. 100 smiles is better than A few bucks . Art is very therapeutic for everyone especially if you cant speak .

I've had this happen to me a few years ago also and I allowed them to do it. The man just liked it and wanted to paint it and after he asked to put it in a local painting contest in his town. I thought it was very nice to ask as most just take and I allowed it.

Only thing I asked was that the painting have written on the back - Source "Pride" with express permission from Photographer Maggie Terlecki.

I also asked for some photos of the painting which he sent several.

Here the original


one of him painting it.


I thought it was cool.

wonderful photo Maggie . He did an awesome job painting your photo

I agree Jennifer, I think he did a very good job. I can see why he wanted to paint it... so many details which would be fun to paint and it is really a traditional Algonquin costume which he would need a source for. He was very pleased and wrote me a few times during the process.

that's wonderful amazing how he captured the like likeness of your photo in his painting

Ok here is the original message:

Ms. Anderson,, I am having an artist friend of mine do a colored sketch of a stone crab as a gift to my adviser for my graduation. I was having trouble finding the right pose in my own collection of pictures when I found your photograph. He isn't going to make a exact copy but it could be close enough to your work to be copyright infringement and I am paying him for his work. I was wondering if you would grant us permission to create one piece based on your photo. I am open to compensating you for this right. Thank you for your time,

The one time use situation is completely understood. You own the copyright on the photo and you are granting a one time right to make a sketching based on your photograph. He does the sketches on recycled book pages so I don't know the exact dimensions (depends on what book he uses) but you get a general idea of the size. As far as the print, neither of us are really set up for that kind of thing. I can probably scan it and email you a copy if that works.

This may be just be me - but the majority of my photographs posted in the interweb-world I have released
under the auspices of the Creative Commons license CC2.0/sa/ - meaning that anybody may use them
(with attribution) as long as they are a derivative (i.e. arted-up) and then shared-alike with anyone else
who might wish to use them.

There are one or two of my photos I keep strictly under copyright - particularly because there are so
many calls to use them. When offered for a cash amount - so even though copyrighted -
no-one has never paid me!!! It would be interesting to see just how much recompense you are offered
for this particular copyrighted work that the enquiring artist needs to work on...?

It sounds like from her message that the person sketching the crab does the artwork on book pages (a page taken out of a book and then used as the paper source) therefore, it's not a situation where they can just buy one of your prints. I think it is very appropriate and considerate of her to ask knowing that it would be infringement on her part as it sounds like she is an photographer/artist herself.

If you think they might be wanting to make scanned copies when they are done to sell prints themselves and you would prefer that option not be available to them then just tell them no, especially if you feel it would be taking sales away from someone wanting to buy your prints.

If you think they are sincere with it being a one time sketch as a gift to her teacher? I don't see why not...let them know what kind of compensation you would like for the use of it.

They have been considerate in asking your permission and offering compensation. 99% of the people out there on the internet wouldn't bother to ask. They would just screen print/copy your picture and use it anyway. This way, your getting recognition and compensation for it :)

I use paintmyphoto.com to collect images that have full permissions to use, so maybe she can find an image on their if your not comfortable letting her use yours.

I have asked photographers on here whether or not they would be okay with sharing their photos as reference photos. Some are very okay with it if I ask permission, some are very much not okay with it. It just depends on where you stand on the subject and if you feel it would be violating your creativity and sales or partnering with another to promote sales but it really sounds like she doesn't want to make a profit off the crab picture. It just depends on if you feel it is a legit and/or sincere request.

Thank you VERY MuCH for all the kind responses, I feel that she is also very sincere and asking me was a plus and she understood when I told her that it was my photo and I have all rights to it. I will contact her and maybe she will buy a print..thanks so much again, Crissy

In this case, I would thank her for her consideration in asking for your permission. I wouldn't charge anything since it's a one time gift. Maybe she will purchase a print or maybe not.I wouldn't suggest that. That's up to her. You can tell her you would like to see the painting when it's done. Who knows, she may become a future customer.

Crissy, no need to make a huge deal out of something that isn't.

Some here think they are famous because they sell some prints, and deserve some type of elite status.

You will make the right choice.

This happened to me also recently,....and this was how I handled it.

A very talented artist asked if she could paint from two of my posted FAA images.
She also asked for a jpg of each one,....to work from.

I contacted her and asked her if if she'd agree to a 10% courtesy fee based on her selling price.
Then I asked her to attach information for the buyer stating my name,...the image title,...and the included caption/description along with my FAA website contact info.

The artist not only agreed,...but also posted that information on her gallery website just below her large rendition which by the way came out beautiful,...(sorry I'm partial in this case)
She also posted some very kind words about my FAA website and why she liked my work.
The image is on her website and selling for $625.00 and has not sold to my knowledge so far.

I thought a 10% courtesy fee that included free advertisin that might bring fresh eyes to my FAA website,...was a fair compensation considering I did nothing.

I did provide her with two,...LOW QUALITY,...jpgs to work from.

The entire transaction was a pleasant experience and handled with total respect for each others interests.

She was honest and could easily have done her painting anyway and I never would have known.

I know there are many unorthodox people out there,....BUT,...there are also many many honest and sincere people who it's a pleasure to meet and interact with too.

Don't know if my approach is of interest to others, but I thought it a fair exchange.

Marty Saccone

Marty, she is not asking for any file to work from. The artist will be painting it by viewing it online.

I would ask what use he has for the image ones it is done. Is it just for his own pleasure or is he/she planning to re-sell the painting. If it is the later you should be compensated for usage
Fotoqote is a great software to help you figure out a usage fee: http://www.cradocfotosoftware.com/fotoQuote-Pro/
Iris Richardson

This can come up a lot. And most never even bother to ask the photographer! If you feel agreeable, set a fee that is reasonable, get it in writing for a one time use only, no future uses of any kind & no re-selling of the art via copies and not an exact detail painting of your photo. If that covers most and the person is willing to pay you and you are OK with it, go ahead but set up a contract to be signed. Better than stealing, which does happen perhaps more than we realize, where art is copied in detail then sold in all kinds of forms and the original person who owns the copyright never knows or learns the hard way.