Had an animal pastel commissioned, but they are using it for advertising. Is that right? - HotUKDeals
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Had an animal pastel commissioned, but they are using it for advertising. Is that right?

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7y, 10m agoPosted 7 years, 10 months ago
Hi,
We paid a fair whack to get a photo recreated as a 1-off pastel painting :)
However, I was shocked to find another pastelof my petin a shop advertising her work (it even said my animals name). Am I right to be a little bit miffed? And where do I stand legally? :)
The picture is also on her website. I would have at least expected a "would you mind if I ..".
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7y, 10m agoPosted 7 years, 10 months ago
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#1
I'd ask for a discount x x
#2
Did you have a contact to buy the service? Or was it informal? If you expressly asked for a one off and there is a copy, then they haven't supplied what you asked for, so perhaps a partial refund? Plus something for the breach of your privacy?
#3
It was commissioned a year ago, so I have no idea how long they have been using a copy of it.
Technically, she has still had to do the work again, but its still the same, and still my animal.

I guess she may be willing to do that, but thought I should know where I stand before I enquire as to what is going on. Maybe I could get it for free if I stop her using it :p
#4
I need to find out the ins and outs (The artist is local. I would assume that as there is no official contract, you cannot prove or demand that only 1 copy was ever made?
For instance, David Beckham cannot stop people drawing him and then selling it on :(
#5
Intellectual copyright: http://www.google.co.uk/search?hl=en&sa=X&oi=spell&resnum=0&ct=result&cd=1&q=Intellectual+copyright&spell=1

http://en.wikipedia.org/wiki/Intellectual_property
Intellectual property rights are a bundle of exclusive rights over creations of the mind, both artistic and commercial. The former is covered by copyright laws, which protect creative works, such as books, movies, music, paintings, photographs, and software, and gives the copyright holder exclusive right to control reproduction or adaptation of such works for a certain period of time.[1

she created the original and legally has the right to reproduce it as she wishes :thumbsup: . Cheeky but she has the right, ask her for a % of those piccys sold.
#6
Thanks.
But I was under the impression that if I request a drawing, then I would have some rights to it.
If I had requested a nude drawing of myself, would she then have rights to go and reproduce it and show the world?
#7
smashed;4017370
Thanks.
But I was under the impression that if I request a drawing, then I would have some rights to it.
If I had requested a nude drawing of myself, would she then have rights to go and reproduce it and show the world?


yes, unless you expressly signed a contract stipulating that she doesn't
#8
I understand where youre coming from with this,I have an item that my dad hand made many years ago,one of these items which was similar I ebayed for him,whilst the other one was on ebay a museum emailed me asking questions about the other one I had which i told them would never be sold,I emailed them a photo and all info they required and as they kept asking for it to be gifted to them for the museum i made it very clear that the item would be staying in the family
A while after that I had a tip off that my dads name was in a book that had been produced and on purchasing the book found that the photos of the item that i took and emailed to the museum were included in the book,I was a bit put out as all be it nice in some respects they had never asked nor had i ever given my permission for the photos to be used in a publication.
#9
scary.
I can see that the artist has the rights (i.e. which is why you have to pay for reprints of photos etc). But , I would assume that a decent professional would forewarn you that your pet may appear around your local area (including its name on the portrait).
#10
Mardyass;4017437
I understand where youre coming from with this,I have an item that my dad hand made many years ago,one of these items which was similar I ebayed for him,whilst the other one was on ebay a museum emailed me asking questions about the other one I had which i told them would never be sold,I emailed them a photo and all info they required and as they kept asking for it to be gifted to them for the museum i made it very clear that the item would be staying in the family
A while after that I had a tip off that my dads name was in a book that had been produced and on purchasing the book found that the photos of the item that i took and emailed to the museum were included in the book,I was a bit put out as all be it nice in some respects they had never asked nor had i ever given my permission for the photos to be used in a publication.


I'd sue them :x
#11
smashed;4017449
scary.
I can see that the artist has the rights (i.e. which is why you have to pay for reprints of photos etc). But , I would assume that a decent professional would forewarn you that your pet may appear around your local area (including its name on the portrait).


not really, if she's really proud of it then she'd want to display everywhere like a lot of artists
#12
choc1969
I'd sue them :x
I was really miffed at the time,I gave them the info they wanted only because they wanted to know exactly how this thing worked,i thought at the time i was being helpful and that the photos would show them the inner workings of it,little did i realise what they would then go and do with the photos!
I did write an email to the editor and explained and he played dumb apologised and sent me a signed copy of the book but to this day im still annoyed about it lol
#13
Mardyass;4017480
I was really miffed at the time,I gave them the info they wanted only because they wanted to know exactly how this thing worked,i thought at the time i was being helpful and that the photos would show them the inner workings of it,little did i realise what they would then go and do with the photos!
I did write an email to the editor and explained and he played dumb apologised and sent me a signed copy of the book but to this day im still annoyed about it lol

A signed copy of a book is hardly recompense for breach of copyright - they knew full well it was your picture, and didn't even bother asking.

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