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Patrick Cooper

Property release for artwork created by other artist?

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Fairly recently, I paid someone to produce a digital artwork for me that was based on a lead pencil drawing that I had made on paper. He basically traced my scanned drawing with Bezier curves. It was agreed that the rights to the digital artwork belonged to me. I am considering submitting the artwork to stock agencies like Alamy. A moderator on a microstock forum recommended that I submit a property release along with the artwork. I guess I would use the same kind of form here? Out of curiosity, with the property release, would the artist I employed sign as the artist / photographer and I would sign as the property owner? Not 100% sure about how to go about this in this situation. 

 

Previously, whenever I have submitted work to stock agencies, the images are created by me 100%. So this is certainly something new for me.

Edited by Patrick Cooper

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No doubt somebody will correct me if I'm wrong, but the way I see it is that you commissioned and paid somebody to produce the artwork. As long as you have a written agreement with the artist that you own the rights then it is yours to do with as you please. If you need to provide a release for it to be used it is only you who needs to provide it.

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Unfortunately, I don't have a proper written agreement as such. In an e-mail response, the artist simply said that he agreed to all my requests concerning the artwork. Though of course that's not very specific. Though in a later e-mail, he mentioned that he's okay with me having full rights to the artwork. So no signed contract or anything like that. Don't know if those e-mails will be sufficient if there's some kind of dispute later down the track.

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Just an idea by a laymen and I may be wrong on this: 

 

You said you produced the artwork, as a pencil drawing, in the first place. 

Could one not argue, that you are the author/artist of all of the derivative work from it.

You only got help by a technical versatile person - weather artist or not - to transfer your artwork into your required format under your instruction. 

 

Sort of like an architect, who does not build a house himself but owns all the rights to it once it is put in place by versatile builders.

That is even if some builders fed back ideas that came in place later. 

 

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3 hours ago, Dave Richards said:

 you commissioned and paid somebody to produce the artwork.

This on its own doesn't convey ownership of copyright. IMO you do need a signed assignment.

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5 minutes ago, hdh said:

Just an idea by a laymen and I may be wrong on this: 

 

You said you produced the artwork, as a pencil drawing, in the first place. 

Could one not argue, that you are the author/artist of all of the derivative work from it.

You only got help by a technical versatile person - weather artist or not - to transfer your artwork into your required format under your instruction. 

 

Sort of like an architect, who does not build a house himself but owns all the rights to it once it is put in place by versatile builders.

That is even if some builders fed back ideas that came in place later. 

 

Could be. The digital version might not be sufficiently original to be protected by copyright separately. But since the parties have discussed licensing, the OP clearly accepts its originality. So I'd want to err on the side of caution.

Edited by spacecadet

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2 hours ago, spacecadet said:

 

This on its own doesn't convey ownership of copyright. IMO you do need a signed assignment.

That's what I said.

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Why don’t just take a photo of your origin artwork and submit that image?

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58 minutes ago, domf said:

Why don’t just take a photo of your origin artwork and submit that image?

 

I did take a photograph of it but it looks a bit rough and unrefined. Plus it's only the outline (there is no detail.) The plan was to trace the shape digitally and then fill with black. The guy I hired for the job managed to do so with Bezier curves. And the photograph was provided to him so that he could trace the shape.

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On 28/11/2019 at 21:34, hdh said:

 

You said you produced the artwork, as a pencil drawing, in the first place. 

Could one not argue, that you are the author/artist of all of the derivative work from it.

You only got help by a technical versatile person - weather artist or not - to transfer your artwork into your required format under your instruction. 

 

Sort of like an architect, who does not build a house himself but owns all the rights to it once it is put in place by versatile builders.

That is even if some builders fed back ideas that came in place later. 

 

 

Yes one can certainly see it that way. There is certainly a parallel here. And the drawing itself was drawn from a frame of super 8 movie film that was shot by myself. Regardless, I think it's wise to be cautious with this sort of thing which is why I want a form to cover myself...just in case.

 

Apparently, a traditional property release (the kind we're usually familiar with in stock) is not required. Instead, I believe I need a form that shows that I have acquired the necessary rights from the artist. Would anyone know a good online source where I could obtain such a form?

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