Question on use of my pictures

[Bill W]

Morning folks....I haven't posted in quite sometime, but have been in the weeds reading the forum and appreciating your great pix and topics.

I have a question concerning charges and rights of my pix. A local artist would like to paint some of my bird pix and I was wondering how to go about striking a deal with her?

Any input concerning these areas would greatly be appreciated.

Here's the artist's site to familarize yourselves with her works and fees; customdesignart.com

My site on flickr, if anybody is interested; http://www.flickr.com/photos/29409592@N03/

Your input will be greatly appreciated.

Thank you
Bill

[HDNitehawk]

Interesting question Bill, not that I have any kind of answer but what medium does she use?
If she is doing a digital painting on the computer using your work as a basis it seems that she would need your permission and blessing for sure.
If she works in other mediums and is using your work as an inspiration would you really be entitled to anything?

[Bill W]

According to her site, she uses water colors, pastels, and pencil.

And to answer your last question....if she's asking for my permission to use (not necessarily Flickr pix) my pix....I would say I do have an entitlement.

But then again HD....that's my question, other than saying no to her using my pix, what do I charge and how do I maintain my rights to my pix?

Thanks
Bill

[HDNitehawk]

I think I found the answer to my question here, http://painting.about.com/cs/artists...yrightfaq5.htm

It is good she is asking, it shows she respects artists rights. Many would try to figure a way around it.

How about asking for a percentage and interest in what she sells. Why couldn't you maintain a small interest in her work since it would be a derivative of your original work.

[andnowimbroke]

You could embrace it as free advertising as long as she doesn't plan on doing all your stuff. Maybe have a few done of your stuff with your card/link available on the frame.

[Steve U]

Hi Bill, the artist doesn't seem to formerly acknowledge people that provide her with stock pictures anywhere on her website. This may be because people most times provide their own photos to her to be painted and no acknowledgement is needed.

The context of the use of your image would be a main consideration. If it is for a bird in a tree near a horse, than just a stock photo price of a few bucks might be all you could get. Or, maybe you could hope for just some formal recognition on her site.

If however it was a portrait image of an eagle feeding her babies, then recogition and a more substantial fee or royalty could be called for. If it was me, I'd probably be happy with the recogition and a copy of the painting. But I'm very naive.

If she is only selling 3 copies of a $25 print of a bluebird each year, then you might have to be happy with a warm fuzzy feeling, knowing you stalked that bluebird. I know a few people that have stock images on sites and they consider themselves lucky to get $10/month from people using the images.

My guess is that the majority of images are supplied by her clients, so a friendly discussion to get the feel of the enterprise is in order and go from there.

Good luck with it.

[Bill W]

Thank you everyone for your advice. I'm going to try to set up a meeting this week to discuss her intentions and to ensure we're on the same page concerning my pictures.

Again thank your for the input
Bill