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Juan,
Thank you for taking the time to clarify everything. Your posts were very helpful.
You asked who owns copyright in the US, the sitter or the artist? I think I heard once that we both do. I need their permission to duplicate the painting because it is their face I want to duplicate, but at the same time, even if they own the painting, the copyright is mine in that they can't go get copies of the painting for family just because their face is in it. They need my permission to copy the painting. Of course, I don't know how accurate this is.
The question of contracts came up in a few posts. I've been painting without contracts for a number of years, and just started using them this past year. My reason to start was not for legal reasons so much as it is my only way I could guarantee that the client and I understand each other. Last year I lost a commission because I told a customer in November that I would start her painting in spring and finish by the end of June.(the photos, interview, notes etc were done in Nov.) Anyhow, when April came she called wanting to know how the painting was coming. I reminded her that I said I'd start it in Spring and finish by the end of June. In her mind the painting should have been more in progress and she pulled out of the commission. How annoying that was because I already started the sketching on the canvas and knew I would make the deadline without a problem. I decided that if I started using contracts, the client would have in writing the approximate completion date and other details and they couldn't say they thought differently. Plus, I put in the contract right above the signature:
"Both the Client and the Artist are in agreement with the above terms, and are satisfied that all appropriate questions have been answered." And I point out this line and ask them if they have any questions.
I usually get permission to use the painting for brochures etc after it is completed. They're thrilled with the finished painting and are usually happy to give permission. I only had one person turn me down, she was a pediatrician that didn't want her daughter's image made public, she said there were too many crazy people. After what Karin said about her son, I can better appreciate why she wouldn't give me permission.
Mary
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