Jessica Crabtree

Tag: model releases

Artists and Copyright Law – Part 5

by 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.

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About Me

I am a freelance artist living in Arkansas, US, specializing in historical portraits of American Indians. I blog about the portrayal and influence of Native Americans in art, history, and the media. I am fascinated by history and world cultures and particularly indigenous peoples. My other interests include wildlife ecology, environmental issues & sustainability, journalism, web design & development. I enjoy music, photography, and reading (see my book list) here.

You can see some of my pastel work by visiting my online Gallery.