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Advice needed

If I were to be approached by the likes of an arts magazine wishing to feature my work how does that apply to photos of costumes I have created for customers? Do I have to seek permission from my customer to have a photo I took of the costume I created featured in the article? Or do I hold the right to feature photos I have taken of their costume?

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Comments

gatekat
Sep. 29th, 2014 09:57 pm (UTC)
Anyone who objects had better never wear it to a con or out in public then, just on a common sense level. Everyone has cameras and top-notch costumes get a lot of attention, much of it posted. It's not like either fact is a new thing.
niimou
Sep. 29th, 2014 10:00 pm (UTC)
My thoughts as well. Usually commissioners have to buy out extra rights for artists to not show their work, and I don't see how the work being featured in a magazine is any different than it being posted to the internet.
teekchan
Sep. 29th, 2014 10:53 pm (UTC)
Taking photos is one thing, publishing in a mag is another. I have it in my TOS that I retain all rights including that I can publish the work. People can pay for it to be private.

Yes, they can do it even without saying it, but it's best to have it in the TOS if you're going to. I doubt I'd ever print commission work, but I still have it to save my ass if I decide to and someone doesn't like it.
gatekat
Sep. 29th, 2014 11:11 pm (UTC)
Legally, it's not different.

Just as legally, unless they buy the copyright or it is otherwise in writing in the contract, the commissioner has no say in what the artist does to the work -- publish on the web, make prints, even sell the original to someone else if it wasn't part of the commission deal. The commissioner can make all the fuss and hate they care to, but it doesn't make them legally in the right. The law covers your ass. Your TOS just covers you socially, since all it is doing is pointing out the law to anyone clueless about it.
teekchan
Sep. 30th, 2014 12:19 am (UTC)
I never said it wasnt, I said the fans would react different. If OP doesnt care about people flipping their shit, they can go ahead and do it, no warnings in their TOS.
Adding it in the TOS can get people who start stuff to keep their mouth shut as they agreed to the terms.
timelapsedecay
Sep. 30th, 2014 02:31 am (UTC)
I don't see it as unreasonable to consider the feelings of your client before granting permission for photographs and that sort of thing.
Yes, OP has the rights to them legally, and they can use them regardless of how the client feels, but there's nothing wrong with making sure your clients either A) Know you'll be using the photos as part of the business agreement or B) Individually feel comfortable using the photos. It's good sense, and in my opinion, good manners for a businessperson to have.
Knowing one's rights as an artist is important, considering the feelings and reactions of your clients/fanbase is too.

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