Giclees for other family members

[Cindy Procious]

Thanks for everyone's thoughtful replies.

The reason I ask is because a client asked about giclees even before the photo shoot. When I went over to take pictures (and sign contracts), I brought up the giclees. I told her I think it would be alright if we did that.

She replied - oh good - my brother does giclees.


Obviously, she's going to make a family deal with her brother - and both the quality of the reproduction and any profit to be had is out of my control.


What do I do NOW?

[Richard Monro]

The response should be, " Sorry I already have an EXCLUSIVE contract for the reproduction of all my giclees." That would be the truth as the contract is with yourself to never lose control of your product.

Just think how many unauthorized reproductions might be made by big brother for cousin Sally and any other number of relatives or friends and you see why this deal is a no go.

[Mary Reilly]

This is a bit of a dilemma. I like Richards reply that you have an exclusive contract for reproductions. However, if you are not comfortable with that, then another possibility is to say that before he can reproduce you need to see the quality of what he does and also have control over the finished product. Afterall, he could do giclees that don't look very good and it would reflect on you. Since you own the copyright of your own work you can call the shots. You could require that he provide you with a proof and only after you sign off on the proof can he go forward with the printing. Also you have a right to reimbursment of the use of your image. So the client should pay you a specific amount for a one time use of the image for x -number of prints with no future printing permitted unless they contact you first. That way you are selling a limited use of the copyright and not signing away the whole thing. Also it should definitely be in writing. The customer needs to know that eventhough they own the painting, you retain the copyright.

Do let us know how the whole thing winds up.

Mary

[Cindy Procious]

This is great advice - thanks so much to both of you.

I like the idea of putting it in writing - limited edition, I sign off on the artist's proof.

Thanks.

[Julie Deane]

Make sure your contract puts in writing that you own the copyright. It would be a good idea to spell everything about these giclees in writing.

[Mary Reilly]

Cindy,
I agree, everything needs to be spelled out very specifically. I put the following statement in the agreements that I have customers sign prior to starting, and then again on a handout that I give them about the painting after it has been completed.

"Purchase of this painting does not include purchase of the copyright. The artist retains all copyright unless stated otherwise in writing with the artist signature."

Even if you decide not to charge for copyright usage, you should still control the situation regarding the proof, how many prints etc. Sometimes a customer is excellent and you know there will be future commissions etc. In a case like that you if you decide not to charge them, you might fill out the copyright release form and details, restrictions, state the price, but put "no charge" at the bottom. That way they know what they would have been charged but you are nice enough to not charge them. It is also clear to them that eventhough there is no charge, there are still restrictions and in the future there might be a charge.

By the way, I looked at your website and really like your portraits.

Mary

[Cindy Procious]

Thanks, Mary, for the compliment.

I have wording in my contract that states I own the copyright. That's already signed, so I need to do a separate one for the giclees.

Thanks again, everyone. I appreciate the valuable advice.