Resale Release?

[Julianne Lowman]

I've completed 2 portraits as samples of my work for display then I began to wonder; Do I have the right to resell the paintings I have created that the subject (or their relative) is not the buyer? I do have a model's release that states I can use the photos to paint the portrait or to use in advertising, reprint, etc., but it doesn't state I can sell the product of the photo shoot.

I would like to eventually sell the paintings and was just told by a mother (AFTER I completed the portrait) that she doesn't want anyone else to have the painting, but she can't afford to buy it. Am I stuck? I don't mind keeping it in my own collection, but what if I do eventually wish to sell it. Do I have the right to do this?

How do other artists deal with selling artwork to those who are strangers to the subjects, but wish to purchase it as a work of art?

[Timothy C. Tyler]

As I understand your question-don't sweat it. It's done all the time. Lots of famous artists don't even get model releases for such things. You might simpy rewrite your release to cover that issue.

[Michele Rushworth]

It sounds like you are legally within your rights to sell the painting, since you have a model's release. The issue is your relationship with the mother of the subject and whether she would understand your financial position on the matter.

[Leslie Ficcaglia]

Julianne, without knowing exactly what's been stipulated in your release, it still seems as though you haven't covered the scenario in which you actually sell the portrait for profit. You need to be careful because the child and her mother do have privacy rights. Here's what I use in situations where I'm contemplating selling the work or a print of it:

"Release Form for Models (Minors)

I, X, do hereby give Leslie M. Ficcaglia, her assigns, licensees, and legal representatives the irrevocable right to use my daughter X