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Originally Posted by Michele Rushworth
. . .On the question of getting permission to use your portraits in your marketing material: legally speaking an artist has the right to make a forty foot billboard of art that he created and plaster it all over Times Square, if he wants to. The artist owns the copyright to it even if the original art is sold.
What you do need to legally ask permission for is to use "the likeness" of that subject (it's a Privacy law issue, not a Copyright law issue at that point). Whatever language you use in the Model's Release portion of your contract, where you get permission to even paint a likeness of them in the first place, is where you should specify that you need the rights to use the image of that person in your marketing materials. . .
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Michele... hmmmmm... you've explained this so clearly! I'm thinking to incorporate the term 'likeness' and to reword slightly to make sure that mine is completely clear on this. Thanks!