Rights usage...

[Rock-C-Art]

Hey guys I have a bit of a situation. In addition to the poster work I do, I do fine art as well. I was showing in a gallery recently and the gallery steward told me that someone came in and inquired about one of my pieces and said it would be great for a CD cover. She asked if she could photograph it and of course they told her no - that she would have to contact me. The person left an email address and I wrote to them, I heard nothing back. Well, the piece sold for $300. The name on the reciept is a company name, a production company (and a personal name). When I google it I find nothing on the web about this company. I know that they can't legally be purchasing reproduction rights by purchasing a fine art piece - can they? What should I do? The piece was signed both front and on the canvas on the back but not officially copyrighted. I don't know if they intend to do anything with it, but it sure dosen't sound good. How can I protect myself legally from my image being reproduced?

[Unitus]

the work is copyrighted. by you.

they do not have rights to use it, just because they bought it. they cannot use purchased fine art for commercial use without getting reproduction rights from the artist (you).

[Boyd]

Legally they can't reproduce the work. They bought the art, not the rights to reproduce it.

BEST way to protect yourself is to register your copyright.
http://www.copyright.gov/register/visual.html

[braksandwich]

Your piece is copyrighted whether you did it formally or not. All works of any kind of art are copyrighted automatically, you just need to fill out forms and pay a fee if you want the library of congress to register it.

[Hrabovsky]

I smell Litigation.

[juicy]

It's like with photographs that a professional takes. Just because you have the pictures, doesn't mean you can make copies for yourself. At the photo lab where I worked, you had to have the photographer sign a release of rights before we would make copies of prof pics. Of course those people who complained about the law would just go to Wal-Mart where they don't care about breaking the law...

Good luck!

[judge]

A good book in regards to your rights is 'The Graphic Designers Guide to Ethical Pricing'--I believe they have a section in there in regards to fine arts.

But the above are correct in that theperson only bought the wk, not the rights.

[Rock-C-Art]

Thanks guys. It turns out that the person that bought the piece was not the same person that inquired about using it on a CD cover. Just to cover myself though I wrote them a polite, "Thank you for purchase" note that also mentioned the reproduction rights were not for sale. I'm also going to get those official copyright forms in though. Great another place for poor artists to drop $45.

[maynard]

The law is set up so that poor artists don't have to pony up the dough for a full Library of Congress copyright. Your piece is protected by Federal law against unauthorized reproduction until 75 years after your death even if you do no paperwork. As long as it's signed and you have a trail of ownership for the actual paint 'n canvas, you should be well protected.

[Zach Hobbs]

Don't Take No Shix!~