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Wednesday, June 20, 2007
Legalese
Posted by Sarah
We receive a fair amount of e-mails and letters and phone calls and faxes and messages conveyed by smoke signal at
The Pastel Journal
from artists in search of information. We look for patterns and trends in the questions as a way of determining what's in the air. It's a bit like forcasting the weather--part instinct and part science. Lately, many of you have been asking legal questions. And while we may not be able to tell you how much to ask for your collection of paintings in your divorce settlement, we can draw upon our considerable resources at the magazine to answer questions like these: Do artists need to have permission to paint the people they photograph in public places? The short answer is
yes
. And be sure to get permission in writing to prevent argument later. Why? As it happens, our sister publication
The Artist's Magazine
tackled this question fairly recently. Here's their take on the matter:
As a general rule, if a person is recognizable in one of your works of art, you should first obtain that person's consent to use his or her image. Every individual has a right of publicity that protects against the commercial use of his or her name, likeness or personal attributes. This right of publicity is determined by state law.
What legal questions are you struggling with as an artist?
Tips and Techniques
6/20/2007 12:46:55 PM (Eastern Daylight Time, UTC-04:00)
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