Copyright legality when using an artists painting in a marketing CGI

[tomlowe]

A client has requested I use a specific artists painting in a CGI. I'm not sure how or if this would be infringing the artists copyright?

 

I wondered if anyone else had pondered this issue?

 

Thanks in advance.

[philippelamoureux]

I did it once and I emailed the artist before to ask him and he said everything was ok with him!

 

It was high end stuff. Like 40k USD painting! :-)

[tomlowe]

Good idea I need to find someone to contact although the artist they want died in 1970, his art has been displayed in Tate Museum apparently.

[innerdream]

Good idea I need to find someone to contact although the artist they want died in 1970, his art has been displayed in Tate Museum apparently.

 

 

Ask first. Here's the deal though, you "could" get a cease and desist letter but if you're nice and say you are giving the artist credit they'll probably let it slide.

[Scott Schroeder]

The artist owns the painting. We had a job once for a high rise that they had commissioned an artist to paint all of the paintings in the lobby. We had to sign a few documents stating that we would not re-use that artwork in any other renderings outside of that specific space. You generally want to avoid any well known paintings in your scene. Naughty Dog got in internet trouble for using concept art from Assassin's Creed in their Uncharted 4 trailer.

http://www.naughtydog.com/site/post/an_update_on_the_uncharted_4_a_thiefs_end_story_trailer/

 

 

A tip that works best is to do a Google Image search. Then under the "Search Tools" tab, go to "Usage Rights" and choose "Labeled for Reuse". This way you only see the images that have been tagged for free to use.

[Chris MacDonald]

Never concerned myself with such issues. Can't imagine us being chased up unless it was extremely specific to the job (such as Scott's example).

[tomlowe]

I guess it could be determined as fair use anyway. I'm not profiting specifically from the painting, not that I have a clue about copyright infringement laws!

[Nicolai Bongard]

Tell your client there might be copyright complications and renounce all responsibility for any trouble that may arise. If you get in trouble he may even hire you to make a revised render with another image/painting.

[Ernest Burden III]

'Fair Use' is a clause in US law, I'm not sure what that would mean in other countries. But here, using a painting in a rendering probably isn't fair use, as I'm selling the result. I could claim it is 'news', perhaps. If you ask a museum they will demand payment, even for a work that is so old it is out of copyright. They control reproductions, so any image they probably created. Try writing an art book.

[philippelamoureux]

Tell your client there might be copyright complications and renounce all responsibility for any trouble that may arise. If you get in trouble he may even hire you to make a revised render with another image/painting.

 

That's actually pretty clever hehe!