Can I use my own painting?

'Is it legal', 'can I do this' type questions and discussions.
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enginemonkey
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Can I use my own painting?

Post by enginemonkey » Sun Mar 30, 2008 6:20 pm

The BBC commissioned me to paint a portrait for a T.V. show of a well known actress. It was only on shot for about 3 seconds so nothing too prominent. Unfortunately I do not know where the paperwork is regarding this kind of thing!

I have been ask by a pub owner if they can use this image for their pub sign. Am I allowed to give them permission to use this portrait? Could the BBC or actress herself object?

I don't even know about usage fees and if I can ask for one. I'm a little green when it comes to charging people for using my work!

Thanks for any advice.

enginemonkey
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Post by enginemonkey » Sat May 31, 2008 3:28 pm

:roll: anybody?

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CopyrightAid
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Post by CopyrightAid » Sun Jun 01, 2008 8:45 am

Sorry for the delay..... :oops:

Firstly, if you created this work as a freelance (i.e. not as an employee of the BBC), and provided there is no agreement to the contrary, you will be the copyright owner, and can therefore use it as you wish. BUT check your contract with the BBC to ensure you did not agree to something that overrides this.

Can the actress object? - well potentially yes. Generally grounds for objection would be if the image portrays the actress in a defamatory manner.

There could be more concerns for the pub owner if the painting is of the actress herself (rather than the character she played) - i.e. I suspect that calling a pub 'The Judi Dench' would be more likely to raise a complaint than calling it 'The Lady Catherine' (Judi Dench played the part of Lady Catherine de Bourgh in Pride and Prejudice).

enginemonkey
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Post by enginemonkey » Fri Dec 19, 2008 12:52 pm

Thank you for the reply much appreciated :)

The portrait was of a Character who was only in one episode of the series. Madame de Pompadour to be exact.

Yes I am freelance and not employed by the BBC. I guess the only way I can be sure is to contact them but somehow I don't really think they will rush to get back to me.

Any clue of what I should charge the pub owner for using it? I don't want to undercharge but then I also don't want to put them off if it is too high.

Haha it's been so long since he first contacted me he's probably done something else for his pub sign by now :roll:

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Post by CopyrightAid » Fri Dec 19, 2008 5:29 pm

I'm afraid there is no hard and fast rule for charging - it's really just down to how much you agree it's worth.

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