A question from a reader brings up a good question.
Alina,
I read your article about copyrights and infringements at suite101.com. I wonder if you are able to answer a question for me, or lead me in the right direction. I have been in the multimedia field for a while now, straying from my fine art and illustration roots. I've slowly been moving back to them and taking photos at local reenactments as reference.
My question is this. To what extent can I use the photos of reenactors I've taken as reference for my paintings without seeking the reenactor's permission? There is some info on the web concerning obtaining subject release if their photo is to be reproduced or distributed but I'm finding it hard to find anything concerning the legality of interpreting the photos I've taken into works of art. This is of concern to me for many reasons. One, of course, is that it may be logistically impossible to obtain releases. Another reason is that because of size the faces in the painting/illustration and treatment of each often make the likeness to the subject negligible.
But since I would like to start reproducing prints, I want to make sure I'm legally covered. Any light you could shed on this subject is appreciated.
Thanks,
Chris
http://www.centuryillustration.com
Hi Chris,
Good question. After some research, this is what I have come up with. The best way to protect yourself from legal ramifications is to make the people look as little like the people in the photo as possible. The clothes really don't matter, but people own the rights to their own faces, so you can't really use their faces on products of any kind without permission.
Otherwise, yes you will need a release form.
Hope that helps!
Alina
