Commissioned painting....been reproduced

If you are worried about infringement or your work has been copied and you want to take action.
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Commissioned painting....been reproduced

Post by purplehouse »

Hi, I hope someone can help me.

I commissioned a painting for my husband for a present (painting of our dogs) I have just found that the artist is selling prints of my painting!

Shouldn't the artist have asked my permission as it our painting?
Many thanks
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Post by AndyJ »

Hi Purplehouse,
I'm afraid that the artist owns the copyright in the painting, despite being commissioned by you, and that allows him to sell copies etc of 'your' painting. If it had been a commission to make a photograph for private and domestic purposes (such as a portrait of you to give to your husband) you would have had some protection under Section 85 but that doesn't apply to paintings.
However I agree that, ethically speaking, he ought to have sought your permission. If he is a member of the Association of Animal Artists, you could try taking the matter up with them.
Sorry not to have had better news for you.
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