John Palmer

[10ClarionSt]

I have an oil painting which John Palmer painted for me. Would I be able to have prints made from it, or would I need John Palmers' permission? The painting was a copy of a photograph that I took. John Palmer lives in Devon. I've said that because there is an artist called John Palmer in the USA. Can anyone help or advise? Has anyone done this? 

[dothawkes]

It depends if you intend selling them for profit and if he has the right to say no.  You own the work but he created it, mmmmmmmm, complex.

[gen2]

I looked into this many years ago (30 or so) so the law may have changed.  My understanding of it at that time was:
a) If you commissioned the work of art, then you owned the copyright.
b) If the artist created a work that you later bought, then the copyright remains with the artist.
c) It is possible to purchase the copypight/reproduction rights from the artist.

[Buenchico]

It might depend upon when the painting was completed. Copyright law changed in 2003 to bring UK law into line with the rest of the EU. Prior to this date, the copyright in any commissioned work of art would normally be held by the person who gave the commission. After this date, copyright would normally be retained by the artist. (NB: That's only an outline summary. Entire books are available on this subject!).

Whatever the date of the painting, I would be extremely cautious about making commercial prints from the painting. If, however, all you're planning to do is to scan the picture to put it on the front of your personal Christmas cards, then it's unlikely to get you into any trouble. This is, firstly, because the artist is unlikely to find out and, secondly, he might be happy to get a bit of free publicity anyway. (Just put "From an original oil painting by John Palmer . . .", together with his contact details, on the back of your cards).

Chris

[Buenchico]

If we AB contributors have got you too worried to go ahead without the artist's permission, why not seek his permission? It seems to me that you've got nothing to lose (and, possibly, quite a lot to gain) by doing this. (The chances are that he'll probably feel flattered by your plans and require nothing more than an acknowledgement which names him as the artist).

Chris