Strange Request via email

Matt Charlton

Matt Charlton

Suspended / Banned
Messages
3,550
Edit My Images
Yes
Just had an email drop in and I'm just wondering if anyone hass any advice for me please.

Hi Matt,

I was looking on the website for some nice images of wildlife and came across your lovely photo of the baby Oranutan, the one sitting up in the sack. When I looked further I also came across your photo of a baby elephant in the mud. I am going to enter a wildlife painting exhibition and I thought your photos would be very suitable. I work in oils on canvas. I took some great pics of the Marmosets last week but I thought yours were so much better.
Please let me know your thoughts and cost. The quality of the finished print is most important.
Carry on the great work, kind regards Phil.
Click to expand...

I asked Marcel about it and he said he'd never heard of anything like this and it sounded suspicious.

I've emailed the guy back for clarification but I presume what he's after is a print of both the pictures that he mentions above so he can create an oil painting and then enter them into a competition.

I've got no idea on where to even begin on costing this, theres the print cost but then theres the issue of copyright and it gets messy.

If anyone has done anything like this in the past and has anything to share then please post away :)

Thanks guys.
 
Hi Matt, someone I know had a reasonably similar issue on another forum. I won't go into all the details as it is quite protracted but here is the link:

Photographs 'stolen' for art

I know and have met TOLady and she was ripped of by an artist who wanted to use one of her photographs. I'd be a bit wary if I were you.
 
Sounds a bit dodgy to me. If he is entering a 'painting exhibition', then why is the quality of the finished print on your pics important? :thinking: Surely that wouldn't make a difference if he was painting? (but I haven't got a clue about art!!)

Just be very careful!
 
Someone asked to use one of my animal photos as a painting reference on DeviantArt. They wanted to paint it as a xmas present for their Mum. I had no problem with this, but clearly stated that it could not be resold. I saw the finished painting and received a thank you.

It's nice to be asked rather than people using your photos without you knowing. Just make sure you know what they are being used for.
 
Hacker said:
Hi Matt, someone I know had a reasonably similar issue on another forum.

I'd be a bit wary if I were you.
Click to expand...

Thanks Hacker - I'm wary but also intruiged. I cut out a line from the email that stated his locality to Chester Zoo (he lives 5 miles away he said).

minimeeze said:
Sounds a bit dodgy to me. If he is entering a 'painting exhibition', then why is the quality of the finished print on your pics important? :thinking: Surely that wouldn't make a difference if he was painting? (but I haven't got a clue about art!!)

Just be very careful!
Click to expand...

Thanks Cheryl, I guess if you're making an exact copy of a photo using oils and canvas then you need a high res print to get the little details - not that there are many in the orang shot because its all bokeh. The elephant shot has a fair bit of mud detail. But yeah - wanting a huge print with super detail, I dunno.

Garry79 said:
Someone asked to use one of my animal photos as a painting reference on DeviantArt. They wanted to paint it as a xmas present for their Mum. I had no problem with this, but clearly stated that it could not be resold. I saw the finished painting and received a thank you.

It's nice to be asked rather than people using your photos without you knowing. Just make sure you know what they are being used for.
Click to expand...

Thanks Garry - its nice to know that someone has had a request similar - I'd have no problems if that sort of request came in.


I've never sold a print before so I'm just a little unsure at the moment. Its funny that this comes about 12 hours after I was talking to Sue about selling all of my kit too :shrug:
 
You could also ask for details of the comp being entered to help verify things...
 
Where does the law stand on replicating a photograph in another medium? If the artist hadn't asked, what's to stop them copying the image from memory? (assuming they're that talented).

Am I missing something here? Surely you own the copyright to the photograph, the artist would own the copyright of the derivative work?
 
Great minds think alike ;)

Here's what I sent him earlier

Hi Phil,

Thank you very much for the kind words.

I presume what you’re wanting is a large print of the two photos mentioned below so that you can create a canvas picture of each to enter into the wildlife painting competition.

If you let me know exactly what it is you’d be doing with them and if you have any details of the competition that I can have a quick look at that would be great.

It’s a request that I’ve not had before so I’d just like a little more information before I start to look at costings and things, obviously if its a copy or interpretation of one of my photos there’s a copyright issue too.

Many thanks

Matt
Click to expand...
 
yourapocalypse said:
Where does the law stand on replicating a photograph in another medium? If the artist hadn't asked, what's to stop them copying the image from memory? (assuming they're that talented).

Am I missing something here? Surely you own the copyright to the photograph, the artist would own the copyright of the derivative work?
Click to expand...

I'm just trying to do a bit of googling about it now.

It looks as thought you own the copyright on the image and they own the derivative work, but what they can do with that is controlled by the photographer who owns the copyright of the original image.

:cuckoo: :bonk:
 
Right then

Update.

I've had an email back from him

His website is here:

http://www.philjackson-artist.co.uk/

Hi Matt,

Thankyou for your email. I normally paint landscapes but in 2006 I won the Williamson Gallery Open in Birkenhead and it was a large canvas of the lambing at Reaseheath Nantwich, it depicted a sheep and her lambs. I think it is still on my website www.philjackson-artist.co.uk This led me to believe that perhaps I should have a go at Wildlife.
The way I normally work is to load my photo images into the computer and then print an A4 photo. I have lots of images of the animals at the Zoo but I think I stand a better chance of selling my work using your images. The Exhibition is at Gordale which is just along the road from us. www.newa-uk.com I have not bought photos before and I have no idea what people charge. However if it is too expensive, forgive me but I will have to stay with my Marmosets.

Many thanks. Phil.
Click to expand...

So, he wants to use my photo to create an oil painting to sell.

Should I feel flattered? I don't particulary.

Feels a bit like someone trying to make money from something I've originally created. Unless I ask for a %age of the sales? But that would invoke contracts and allsorts of mess.

It'd be nice to see an artistic interpretation of the photos, but I don't know. gah
 
Hi Matt,

With regard to the copyright the definative answer is, you own it.

I, myself do pencil portraites and it is a known fact that if you draw/paint a piece of artwork from say...a photo in a magazine or one of your photos, the photographer owns the copright and the artwork should not be sold for profit unless an agreement is reached with the Photographer.

I'm no expert but I would imagine that if you sell him the prints....you are not selling any rights(copyright) at the same time.
 
as an artist as well you have ot get permission from the image owner, i have copied pictures before from website pictures,but never sold or passed off as my own work. the person should as any person, acknowledge and also pay for the right as far as i can see.
 
Sell him prints at the going rate for the size he wants but stipulate that any painings displayed or sold must reference you in their provenance.
 
Thanks guys, I'll sleep on it and decide in the morning, thanks again for the input :)
 
There's actually nothing you can do if the person paints one of your images.
The painting becomes a new piece of art, copyright to the artist.

I have a freind who's mum has uses my photos as subjects for painting.
She gives me credit whenever she displays them in the local area.

If the artist wants to give you some money, thats even better. :thumbs:

hypnotic said:
You are lucky .... Only emails I seem to get are from offshore chemists and plastic surgeons who promise to make me 'longer' ...
Click to expand...
Would you want to be taller Kev? ;)
 
As a purely amateur tog, I'd be chuffed to nuts if someone thought one of my little offerings was suitable to go on to greater things. Something akin to the following would appear;

Dear Mr Oily Painter,
I'm surprised and delighted that you consider one of my images may be suitable for
reproduction on canvas. I have attached a high resolution version of the image that
you may print out and use to paint from. If you find that it's selling particularly well
for you then maybe you could send me a copy for my dining room wall.
Good luck with your project and please feel free to contact me again if you see
another suitable photograph in my collection.
Yours....Mr Blurry Dof

Cost.....zero.
Gain.....possible print for the dining room.
Feelgood factor.....immense.

Sorry if all that sounds critical.

Bob
 
The way I look at it Matt is you get an original as stated before and maybe some years down the line it would be worth some thing.

If he is offering you an oil in exchange for the image I think that is far that would equate to between 250 - 400 not bad for one image.

Plus you get your name out there as the photographer from which the subject matter was obtain for the painting.

Cant be bad...

Failing that it can remain in a stock library making a few pounds or sit in an archive..

Regards

Nigel.
 
I think I agree with Bob, Matt.
That would also be my answer but everyone has their own "price" I am sure you will do what you feel is right in the end :thumbs:


 
hypnotic said:
You are lucky .... Only emails I seem to get are from offshore chemists and plastic surgeons who promise to make me 'longer' ... :D
Click to expand...

Don't bleedin' work either :thumbsdown: :D
Sorry, Matt OT
 
Ok, here's a question...

Say there is another photo of these two animals by another photographer from a very similar angle and composition that was taken before Matt Charlton took his, then who owns the copy right to the "oil painting" of the photograph?
 
I had someone contact me through my pbase account a couple of years back wanting to use a photo to create an oil painting. It was a shot of padstow harbour and was going to be painted as a present for her parents who had some connection with the town.

To be honest I was flattered to be asked and not have the photo just used.

I saw the final oil (well a decent photo of it hanging on the wall) and it looked really good.

Being strictly amatuer I'd never thought about selling on, costs etc.
 
My first thought with it was "wow!" and I would have sent something straight back like Bob's post up there. I'd be flattered, I'm not sure how much to charge for the print and I'm not particulary bothered about charging for the prints tbh.

I was worried the "OMG you're giving your work away and devaluing photography" brigade would show.

From looking at the guy's website he only does a single copy and then sells it. I think I'll ask for a photo of the finished thing/a copy if he does one and just ask him for credit which would be nice.
 
Here's what I've sent back.

Phil,

I’m flattered that you would like to paint my photographs and as such are willing to email you high resolution copies for you to paint. If it’s possible with the titling of the image or as a subtitle it would be nice to have my name/website somewhere to get my name out there in the wild if you like. I know the painting is a new piece of art but a sort of “inspired by....” sort of thing might be nice if that makes sense.

From your website it looks like you just do a single oil canvas and then sell that on – so I’m guessing a canvas for my wall is out, but if you could take a picture/scan the thing in and send me a copy to keep that would be fantastic – I really like what you’ve done with the lambing season and can’t wait to see what the elephant and orang look like.

If you let me know exactly which photos it is that you’re wanting, I’ll sort out some high res copies for you and put them in a zip file on my website for you to download.

Thank you very much and I look forward to hearing back from you.

Matt
Click to expand...
 
Matt said:
There's actually nothing you can do if the person paints one of your images.
The painting becomes a new piece of art, copyright to the artist.
Click to expand...

I thought that was the case, and was confused by people who suggested otherwise.

I was thinking of a commonly photographed subject (came up with Ullswater, unsurprisingly), now there's got to be THOUSANDS of good quality photographs of that pier, from every angle and in every light. So if an artist paints a picture how could any tog suggest that it was based on photo they took themselves? :cuckoo:
 
If it can be shown to be unique, then the photographer would have a case against the artist, but with a generic 'view' then its a no brainer.
 
Canon Bob said:
As a purely amateur tog, I'd be chuffed to nuts if someone thought one of my little offerings was suitable to go on to greater things. Something akin to the following would appear;

Dear Mr Oily Painter,
I'm surprised and delighted that you consider one of my images may be suitable for
reproduction on canvas. I have attached a high resolution version of the image that
you may print out and use to paint from. If you find that it's selling particularly well
for you then maybe you could send me a copy for my dining room wall.
Good luck with your project and please feel free to contact me again if you see
another suitable photograph in my collection.
Yours....Mr Blurry Dof

Cost.....zero.
Gain.....possible print for the dining room.
Feelgood factor.....immense.

Sorry if all that sounds critical.

Bob
Click to expand...

Thats all well and good Bob, if your well off and money is no object.

But if your skint and trying to raise a family on a pitance wage, then every little helps.

If the photo was one of mine, I would try and make as much money as I possibly could out of it, without being greedy of course.

What I'm trying to say i think, is that were all in different circumstances, and while one bloke may be happy with an "immense feel good factor" another might be more happier with some cash to buy his kids clothes and food etc.
 
Matt Charlton said:
If it’s possible with the titling of the image or as a subtitle it would be nice to have my name/website somewhere to get my name out there in the wild if you like. I know the painting is a new piece of art but a sort of “inspired by....” sort of thing might be nice if that makes sense.
Click to expand...

Makes perfect sense to me.
Thats what my friends mum does with the paintings she does.
 
Borats Baby said:
Thats all well and good Bob, if your well off and money is no object.

But if your skint and trying to raise a family on a pitance wage, then every little helps.

If the photo was one of mine, I would try and make as much money as I possibly could out of it, without being greedy of course.

What I'm trying to say i think, is that were all in different circumstances, and while one bloke may be happy with an "immense feel good factor" another might be more happier with some cash to buy his kids clothes and food etc.
Click to expand...

I fully understand what you're saying and certainly wouldn't criticise anyone who sold their image in these, or similar, circumstances. Matt was looking for opinions and suggestions of what course of action to follow. Assuming that Matt is an amatuer tog then he probably takes the shots for the "feelgood factor" anyway.....this is simply an extension of what he does for enjoyment.

Bob

PS....doing a favour costs the same whether you're skint or loaded. ;)
 
You must log in or register to reply here.
Back
Top