Laurie Shanholtzer

I recently painted a portrait of a noted Dr and his daughter that were killed in an auto accident. This work was commissioned by a local hospital, for which I have done numerous works in the past. The unveiling was attended by local VIPS, TV and newspaper reporters. At the event I was graciously acknowledged as the artist. But when the news was shown on TV, newspapers and even the internet, my name was never mentioned. Now I noticed on the newspapers website, there are images of my work offered for sale (you can have it on a mug if you would like) I feel so hurt by this and selling this adds insult to injury?

What should I do? Have I any recourse?

Michele Rushworth

Start off by contacting the newspaper and let them know that they are breaking the law by violating your copyright. If they don't stop, contact one of the Volunteer Lawyers for the Arts that can probably be found through your state's arts commission.

__________________
Michele Rushworth
www.michelerushworth.com
mdrushworth@comcast.net

Steve Craighead

Probably, a local lawyer could draft a cease and desist letter for you, $150 bucks (?)
If the newspaper were giving you credit, it would actually be pretty good advertising. Maybe you could work out a deal, you grant them limited permission to reproduce in exchange for prominently featuring your name, etc.
Here is a link to the issue concerning photographers. I think its just as applicable to artists: http://asmp.org/tutorials/licensing-guide.html
And here are highlights for photography copyrights:

You create it — you own it. Your copyright comes into existence automatically when you capture an original image.

Any person or business must have permission (a license) from you to publish (reproduce) your images in any medium, physical or electronic. The specifics of what permissions you grant and how you go about granting them are detailed on the following pages.

You do not have to register your work with the Copyright Office to acquire your copyright. However, the legal protections available to you are limited if the photographs are not registered. Those limitations can translate into lost income.

Your name and/or the copyright symbol do not have to appear on or next to your image to have copyright protection. There are practical business reasons for labeling your work, but you do not lose your rights if that label is removed or was never present.

Laurie Shanholtzer

Thank you Michele and Steve. Your information will certainly help me deal with this. I wasn't positive about the copyright law. And.. I will contact the paper.

Marvin Mattelson

Unbelievable. Try doing a painting from a photo you copied from the same newspaper and selling prints of it. Then see how fast they'll be all over you.

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Marvin Mattelson
http://www.fineartportrait.com
marvin@fineartportrait.com

Laurie Shanholtzer

Armed with a few facts- many from this website- I got enough courage to call the newspaper. (Still nervous about calling)

They seemed to acknowledge the problem with selling the poor quality photo and said would take down. He said it was an oversight and how very busy they are. They said if I would contact them the next time I had a commission for a public figure, they would do an article about it. Who knows if they really will or are just trying to placate.
I would be happy if they would give me credit if they decide to show my work.