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Originally Posted by Elizabeth Schott
Also is anyone familiar with the copyright of photo's when the subject and photographer are both passed away? If the family has given the portrait to me, is this OK?
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What I try to do is shift the burden of tracking down permissions to the client. I have a clause in my contract for photography. I have no idea whether a court would find this valid. It's my own version of a warning from the Surgeon General.
Photographs. All photographs taken by the Artist remain the property of the Artist unless otherwise specified. Client agrees to provide all necessary permissions or waivers with respect to any other photographs used by Artist in the painting.