This is a little OT, but I know there are a lot of professional equine photographers and artists here, so it seemed like a good place to get an answer.
If an artist wants to do a portrait using a professional's photograph as reference, what's the protocol? For example, if a client wanted a portrait done of their horse from a professional's photo from a show?
I have just started doing portraits, and would like to do a sample one of my dachshund. A photographer got a great shot of him at an agility trial this summer that I'd like to use as the main reference (I'd change some elements but the pose would be the same). I assume the first step is to ask the photographer for permission to use the shot, but what is reasonable to offer her? Should I buy a print to use as reference (although an 8x10 enlargement, which works best for the size I'm doing, is pretty expensive)? Should I ask to buy a digital copy just to use for the reference? Is it reasonable to ask for a free digital copy, if I give her studio credit for the photo and display the original photo with her watermark along with my portrait?
I already have another person who was asking about a portrait from a horse show photographer's print, so I know this will come up again and wanted to hear what the usual procedure is... Thanks in advance!
Making a painting of a photo is considered a derivative work, and you do need to seek permission from the copyright holder. I would simply ask. Any fees, credit, etc would have to be worked out between you and the photographer. I imagine that could vary greatly depending on who it is.
Thanks Furlong... I just didn't know if simply asking for permission without offering money or purchase of prints or anything would be considered rude, or if there's a standard procedure that most people follow with this sort of thing.
You would have to ask what their terms are. There are all types of photographers with all types of pricing structures. Some may just want credit, some may want you to buy a print, some may want to you purchase special usage rights or all rights to the photo. And some may refuse outright.
I would purchase the "digital" rights to the photo you are using. Many photograhers offer that as a purchase option, ususally about twice the cost of a print but it gives you the rights of the photo to be used how you see fit,prints,web,ect. If in doubt i would contact the photog, i would imagine they would be able to work out a reasonable fee especially if a larger print was purcahsed to start.