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Originally Posted by Chris Saper
....That being said, you might have a red- flag client in hand, who wouldn't give you permission to use the image of the subject, regardless. I have had two clients over the years who did not want to sign model release/image permission forms, and I am very comfortable respecting their wishes for privacy.
You'll have to decide whether it makes sense to push the issue with her, and risk losing the job. And if you take the job, be sure your contract is clear. You might want to add a clause that says if the painting is not accepted by the client, you retain ownership and all copyrights.
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Thanks everyone for all your wonderful contributions so far...I can see that I'm not alone in all this legal debacle. I certainly like the idea of the 500% price tag for my rights, though i'm not sure they're ready to swallow it. And at this point, I'm still feeling a little uncomfortable at the idea of selling my rights - though i must say your contributions here provide some comfort to my frazzled mind.
Chris: I doubt they'd be printing their commissioned portrait to be printed on commercial gifts at any time, but on the contrary the commissioner wanted to prevent that from happening in future, and thus the reason for buying my rights. But your point with the use of model /image release form certainly gives me an alternative to this whole episode.
Michelle: Copyright laws for art, are still at its infancy here and to us professionals here, it's a cowboy town. I believe i'm the only artist in Singapore who holds a bigger gun, using contracts, laws and stuff like that. The last lawyer i called, wanted $8000 just to revamp my existing contracts, so i don't think there are any volunteer legal groups out there who would help...after all, Singapore is a city where everything's about money...
