Legal Question in Business Law in California

Artist's Legal Responsibility to Photographer

My husband is an artist who works in oils. I have come across a group of photographs taken by a co-worker that he wants to paint and put into print for sale. What are our responsibilities to the photographer? She has given us verbal permission to use these photographs as the basis for my husband's original oil paintings. Is a Release Form required and is there any specific language that is required/recommended. I do not know what is customary in a case like this and I want the photographer to get credit for her work as well as any other compensation we work out.


Asked on 6/09/00, 3:21 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Artist's Legal Responsibility to Photographer

A few very general comments about trademark law might point you in the right direction.

(1) An author or artist has rights in his or her works even without "formal" copyright.

(2) Original photographs would certainly be included among creative works subject to these rights.

(3) Formal and informal copyright protection extends to so-called derivative works, such as paintings made from photographs and photographs made from paintings.

(4) An agreement suitable for your purposes could be quite simple, but rather than write one yourselves you should seek the assistance of an attorney. An alternative would be to see whether there is a standard form agreement available through an artists' group or cooperative to which one or the other of you, or a friend, belongs. Any agreement should be clear as to what photos it covers, whether one or multiple paintings from each photo are permitted, duration of the agreement, whether it is exclusive, and most importantly should be clear as to how royalties are to be computed, collected and paid under any conceivable future scenario.

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Answered on 7/31/00, 5:28 pm


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