Would like to use a shot of one of my artist's reproductions on my website

[dgberg]

I shot some digital artists reproductions for a client a number of years ago. I would like to use several of these to show our digital reproduction services on our new web site. We also wanted to print one and put it up in our new Air B&B just to advertise some of our work. Good exposure for all. I emailed the artist and she was lukewarm to cold about the request. She said she was flattered but we need to talk. I emailed her back saying if you don't want me to use it just say so and no response. So what is the bottom line,  should I really have her permission before using it in any fashion or can I publish and print it if giving her proper credit. No selling of the images is involved here at all. I even offered to pay. Do I have any rights to these since they are photographs I took?

[KLaban]

Putting my painter's beret on I have to say if they were my paintings that were being used in this way without my permission I'd be more than miffed. Donning my photographer's bandana I wouldn't even think of using the artist's images for promotional purposes without their permission.

Any rights you may have concern the photographs, not the use of the artist's images. As far as the legalities are concerned, would you really want to test them in court and fail miserably?

[dgberg]

They happen to be pretty good friends, so no I am not using them without permission or giving them just compensation.
My main interest was to find out if I could use the photographs that I took.

[LesPalenik]

For any artwork used for commercial purposes you'll need a Property Release (from the original artist).

[dgberg]

For any artwork used for commercial purposes you'll need a Property Release (from the original artist).

What about non commercial use? Say I want to use a print to decorate?

[faberryman]

What about non commercial use? Say I want to use a print to decorate?

The nature of your questions is such that you appear to be asking a bunch of strangers on the internet for permission to do the wrong thing.

[Alan Klein]

I would get her permission.  You should tell her you will include a link to her page where she sells her art work.  That would help her sales.

This reminds me of a photographer who shot one of Bloomberg's home interiors.  I think it was for a sale.  The photographs were private and not the kind you'd put in Zillow. After all, there aren't many people who could afford to buy his home anyway.  The photographer then used the photographs in a local magazine to show his work.  Bloomberg sued him.  I don't know the outcome.  Maybe someone else has the complete details.

[TechTalk]

should I really have her permission before using it in any fashion or can I publish and print it if giving her proper credit. No selling of the images is involved here at all. I even offered to pay. Do I have any rights to these since they are photographs I took?

What about non commercial use? Say I want to use a print to decorate?

The fact that you are running a reproduction business and even asking questions about "rights" in the use of someone's original work, just because you were involved in reproducing it either by photographing it or printing it, is shocking! You don't have any more right to reproduce another's original work than a stranger on the street does, unless you've negotiated a usage agreement with the artist and stay within the confines of that agreement. It isn't moral, ethical, or legal unless it has become public domain.

And to top it off, you go about investigating the matter by posting questions on an online forum. I apologize in advance to you or anyone that thinks that I'm over reacting to this. It might make a difference in my reaction if you were not a professional and running a business that reproduces artist's work. But I, for one, am appalled. Sorry that I couldn't find a more gentle reaction.

[LesPalenik]

What about non commercial use? Say I want to use a print to decorate?

If you purchase the print directly from the artist or his agency and want to put it on your wall, or even give it as a gift to your friend, that's permissible.

[jeremyrh]

I have a small printing company and a while ago I did some work printing a Stephen King book.  I still have the plates hanging around so I thought I'd print up a few more copies to hand out to advertise my business.  I offered to link to Stephen from my website (I figured he'd be grateful for the publicity) but he didn't reply. Shall I just go ahead and print the books?

[LesPalenik]

I have a small printing company and a while ago I did some work printing a Stephen King book.  I still have the plates hanging around so I thought I'd print up a few more copies to hand out to advertise my business.  I offered to link to Stephen from my website (I figured he'd be grateful for the publicity) but he didn't reply. Shall I just go ahead and print the books?

Yeah, and you may as well replace his name with yours and call it "Revised And Improved Edition". so people can see quality of your work.

[dgberg]

Well I guess I have to clarify I would never use it without her permission. Have seen wedding photographers doing it all the time with clients photos.
Awaiting a response as I have asked to pay her.(Before all this)
I think the issue is this image might be a sold out limited edition (Not really sure) and this would put another image outside of that edition out there. Makes more sense to drop this with her and find another image.

[Alan Klein]

Wedding photographers can use wedding photographs on their web site without the couple's permission?

[KLaban]

Well I guess I have to clarify I would never use it without her permission. Have seen wedding photographers doing it all the time with clients photos.
Awaiting a response as I have asked to pay her.(Before all this)
I think the issue is this image might be a sold out limited edition (Not really sure) and this would put another image outside of that edition out there. Makes more sense to drop this with her and find another image.

Wedding photographers would be insane to publish their clients personal images on the web without their permission.

A limited print edition is limited to prints within the edition.

Without agreement there can be no way forward. Forget it.

[TechTalk]

Well I guess I have to clarify I would never use it without her permission.

But you will go online and ask strangers if you can.

should I really have her permission before using it in any fashion or can I publish and print it if giving her proper credit.