Forums > General Industry > shots to paint by...

Artist/Painter

GEM - painter

Posts: 5

Raleigh, North Carolina, US

newbie question: have any of you models or photographers worked with painters or artists....locally or over the internet? I'm wondering how the copyright thing could work. Let's say I'm a starving artist (!) that sees a photo or model on this site that I think would look great as an oil painting....do I need to buy the rights from someone? do models work for sketches or paintings (TFP = time for paintings?)

Or what if I see a model I wish to work with long distance by suggesting the pose, the lighting, expression, etc....I guess I could either buy the image/file and the rights to it, then produce the painting. Or maybe I could deal somehow on the selling of the art? Maybe the model or photographer could get a percentage of the sold painting... similar to the TFP deals. (Is this done already with posters?)

I see some models here that have modeled for artists at probably a low hourly rate, long distance poses could be handy and lucrative if handled correctly.

Long distance art direction?

Dec 14 05 01:56 pm Link

Photographer

MB Photography

Posts: 769

Paradise Valley, Arizona, US

I thought about this before,  The copyright is almost always owned by the photographer not the model so I would suggest you approach the photographer first.  You could also try negotiating with models that can take their own photos or that own a paysite (and own their photos). I would recommend paying a flat fee per photo usage.     I decided that painting from life is far more satisfying than working from photos.

Good luck

Dec 14 05 02:13 pm Link

Photographer

Eddy Torigoe

Posts: 478

Boston, Massachusetts, US

Just do what I do. Find a model that will pose for you, take the pictures in your preferred poses, then paint the ones you want. Since at that point they're your photos, no need to worry about ©. :-)

Dec 14 05 02:19 pm Link

Photographer

groupw

Posts: 521

Maricopa, Arizona, US

In my research of 40's and 50's pinups, I found several of the greats from that era made paintings from photos. They would often have a model or sometimes their wives pose in the yard, take the shot, then adjust clothing and backgrounds as they painted (a precursor to photoshop? smile )

Dec 14 05 02:53 pm Link

Photographer

Looknsee Photography

Posts: 26342

Portland, Oregon, US

As mentioned before, the copyright is most likely held by the photographer -- deal with him or her.

I've had several artists ask to use some of my photography as the basis for their drawings or paintings.  For example, Karen Seamon (http://www.yourart.com/go.php?id=42283& … 1vbi5jb20=)
has made tons of paintings based on photographs she found on my web site (http://www.looknseephoto.com/). 

Some rules of thumb:

>>>  ASK FIRST!!!  I can't emphasize this enough!!!
>>>  Are you going to sell this work, or is it just an exercise in the artistic process?
>>>  If the copyright owner says "no", move on.
>>>  Did I mention, ASK FIRST?

I'm inclined to grant permission gratis (for free) for those artists who respect my rights by asking first and who are simply exercising their artistic skills.  For her part, Karen has made donations to me via my web site, and I think her pictures are great.  So, I'm happy.

Dec 14 05 03:46 pm Link

Artist/Painter

GEM - painter

Posts: 5

Raleigh, North Carolina, US

thanks for the suggestions guys...I DO go to life drawing classes and open art studios for practice, and I take many snap shots...but, I'm sure you'll all agree, that the communication of photographer and model is special....and takes years of practice/education on both sides to capture that perfect expression or emotion.

I'm probably not alone when I kick myself daily for NOT being able to capture interesting strangers or situations that look like wonderful painting material.....because, I know I lack those communication skills, or control of photographic tools, or just plain guts to try and get strangers, that don't have modeling experience, to pose.

but here.....

Dec 14 05 03:48 pm Link

Photographer

TALLEY

Posts: 2

Seattle, Washington, US

generally if you use a photo as a basis for a painting, just as reference, but not painting an exact copy you'd be fine.  I can't reemmber exacltly but if you change a certain amount of an image then its not considered copyright infringment but you have to be careful.

Dec 15 05 04:43 pm Link

Model

Shyly

Posts: 3870

Pasadena, California, US

Interestingly enough, this is something that I bump into a lot.  One of the images in my portfolio particularly, "Boteroesque," has been drawn and painted over a dozen times by different artists, as have some other photos.  In all cases the artists asked permission of the photographer(s), and it's never been a problem.  One artist who recently did a graphic art piece using "Boteroesque" is in talks with the photographer about making it a CD cover.  Go figure!

Derivative works are covered by copyright, so if the drawing you do is clearly straight from a specific photograph, cover your rear by asking permission first.  Otherwise, A) the photographer legally owns what you did as a derivative work of the originally copyrighted image, and B) he or she has firm footing to sue.  I've yet to come across a photographer who would say no when asked first, though.

As far as using a model long distance, I've done that too and know several models who have.  In my case, I just want a copy of the drawing or painting, and permission to include it in the art gallery section of my website.  That kind of thing is much less grueling than posing live for an artist, so I don't demand to get paid.  I imagine that will vary considerably depending on the given model, her experience level, how much she likes your work, and how easy it is for her to get snapshots that don't require jumping through hoops to get permission to use.

Good luck!

Dec 15 05 06:53 pm Link

Photographer

Jeff LaMarche

Posts: 42

San Diego, California, US

figure painter wrote:
I see some models here that have modeled for artists at probably a low hourly rate, long distance poses could be handy and lucrative if handled correctly.

Long distance art direction?

Part of the reason why art modeling rates are so much lower than photographic rates is that there is no permanent photographic record and you need the model to keep posing until you're done, so they get more work out of it. If someone's posing for your over the internet, you could be recording the video stream and a higher rate should be used.

Additionally, web cameras are notoriously bad for creating photographic reference for art; they usually have a very wide angle lens and relatively low resolution. In fact, even "good" photographs are often bad for use as an artists reference. As an artist you want as little distortion as possible in the image, so you want photographs taken with a relatively long lens from a good ways away. You want relatively even (aka "boring") lighting that makes it possible to perceive the countours and forms of the body. You might also want separate references for lighting, but for your main anatomical reference, you generally want something that would make an absolutely horrid photograph in its own right as a standalone piece of art.

If you're willing to pay someone, why not just hire them in real life to pose for you while you paint? Or learn how to take good reference photos and hire them to pose in real life for you while you photograph them, but expect to pay more if you're taking photos, even if you use a release that doesn't give you any rights to distribute the images. It's not fair to the model to expect to pay art model wages when you're creating photographs because you can keep using the photographs long after the shoot.

Dec 15 05 07:01 pm Link

Photographer

Rick Athearn

Posts: 492

Boulder, Colorado, US

figure painter wrote:
thanks for the suggestions guys...I DO go to life drawing classes and open art studios for practice, and I take many snap shots...but, I'm sure you'll all agree, that the communication of photographer and model is special....and takes years of practice/education on both sides to capture that perfect expression or emotion.

I'm probably not alone when I kick myself daily for NOT being able to capture interesting strangers or situations that look like wonderful painting material.....because, I know I lack those communication skills, or control of photographic tools, or just plain guts to try and get strangers, that don't have modeling experience, to pose.

but here.....

Several years ago a painter from Maine asked me if he could use one of the photos on my old web page to paint from. I said sure he could, just provide a credit line on his web page. That he did. In other words, it pays to ask nicely.

Dec 15 05 07:04 pm Link

Photographer

jstill

Posts: 44

Martinsburg, West Virginia, US

I do this type of work all the time and have an extensive library of images specifically for reference.
john

Dec 18 05 01:15 am Link