Artists and Copyright Law – Part 5
by jessica on Sep.06, 2009, under JOURNAL: Nature, art, cultural perspectives
Model Releases
If you paint a portrait of a live model, or from a photo you’ve taken of someone, it’s important to get the person’s permission in a model release. This just needs to be a simple document signed by the model that states clearly that he or she approves having their likeness used by the artist in a painting. This gives legal clearance to the artist to sell and reproduce that painting. It’s worth having for the record because it’s legally binding and more concrete than a verbal agreement, and it’s flexible enough to be customized to your particular situation. A model release is especially important if the subject is underage, in which case you should have a release from a parent or guardian.
Along these lines it’s worth noting that the likenesses of deceased individuals and historical figures are not necessarily fair game for artists. While in most cases the face of a famous person long dead is more or less public domain (e.g., Abraham Lincoln or Napoleon), many celebrities and other cultural icons actually have ongoing legal restrictions through their estates that restrict or require permission for the use of their images. No one is quite sure where this line exists legally, but the artist should still be aware of these issues and be prepared to do some research ahead of time.
3 Comments for this entry
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Jessica Crabtree, Pastel Artist
Native American Portraits & Wildlife Original Fine Art Paintings
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September 21st, 2010 on 12:18 pm
Dear Jessica:
I belong to the ara group http://www.arawindsor.com which consists of 74 artists and wonder if you would give me permission to use your excellent well-thought out copyright notes for our artists to read and see on our website? I look forward to hearing from you.
Susan Duxter
http://www.susanduxter.com
Please email me a reply sduxter@gmail.com
September 22nd, 2010 on 11:17 am
Absolutely! This is just the kind of thing it’s intended for. I’m glad it will be of use to you – only if you do incorporate any of my blog posts online, or in print material, I’d appreciate if you would include a source link or a return url so that readers can refer back to the original source. Feel free to let me know if you have any other questions or if I can be of further help.
Best wishes to you and your art group,
Jessica
September 22nd, 2010 on 12:23 pm
Thanks to the ARA for providing the “Artists and Copyright Law” series in a print format, plus more information on copyright.
http://arawindsor.com/Documents.html