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Subject: Artist's model release form?

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claudiamah
Posts:86
01/01/2008 10:41 AM Alert 
Recently a question arose locally about a person dressed as a clown, who was in a parade, and whose image was used for a painting. That painting was sold without the parade person even knowing they were the subject of the work. When the painting was accidentl yviewed in a gallery, this person felt that it was unfair that the artist made a profit and the model (uncompensated) made no money. I am aware of the need for a photographer's model release form, but is it also necessary for an artist's model, if you are selling or keeping the finished painting?
painterly
Posts:3
01/05/2008 12:07 AM Alert 
It's a good question and I can venture a guess, but I hope that someone comes up with something more concrete. I know that a clown's make-up is reqistered as are costumes for dancers etc. So probably a model contract or release is a good idea. I also know that if you take photos of someone and plan to post or publish these you need a release as well. However the piece was hanging, not sold so there was no actual money/profit so maybe only an implied profit and a release is needed. Confusing enough? Also I know that other people's photographs are implied as copywritten and a painter shouldn't paint an image without express consent. Rumour has it that 30% change might get you off the hook. I live and paint in an area that is heavily photograhed by many many people,including me, and many photos are of the same area and the images would be hard to tell apart in many cases. Short story long. If you photo a person in costume or special cultural dress (e.g. Native American Dancers) you need express consent.
claudiamah
Posts:86
01/05/2008 9:42 AM Alert 
Thank you for information I may need to consider, in the future. CM
River

Posts:360
01/17/2008 4:47 PM Alert 

...I think the exception might be that ...if they are just part of a crowd...i.e part of everyday  life in your town or city...a parade or fair...but if it is obviously and expressly 'them' as the focus of the painting...then you should compensate them and get a release.
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Forums > Join the Discussion > Business Matters > Artist's model release form?


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