Who owns pictures right
 

One for the Lawyers among us, if Mr A gives Ms B one of his pictures for her to practice her artistic brush work with, she likes the finished item, gets prints made and decides to sell them is Mr A entitled to any moneys even though nothing was mentioned at the time.

The creation of a second image from a first means that you have equal copyright over the image, Mr A might therefore be entitled to a share of any profit, or to veto any sales at all. Ms B would be able to claim expenses for printing framing and marketing which could swallow a significant share of the profit.

Ms B wouldn't be able to use her creation commercially without a license from Mr A that permitted commercial derivatives. The terms of that license would be up to both of them to agree to and wouldn't be dependent upon the price that Ms B wanted to sell her derivative creation at.

[url]http://www.copyrightservice.co.uk/copyright/p22_derivative_works.en.htm[/url]

First off agree on some firm terms and conditions. In this case where nothing was discussed beforehand it sounds as though the courts would have to decide weather the airbrushed work was truly an original creaton or simply a derivative of the original.

Unfortunately the law surrounding this area isn't black and white so it would need each individual case to be heard and battled out in the courts.

If she used the original picture, i.e. uploaded it into to Photoshop and then made changes to it, then the copyright would still belong to the Mr A regardless of what had been done. :D

I think we are talking about a painted piece of work using brushes here OldBoy rather than a photoshop based bit of airbrushing. Must be more of a grey area when there are two different bits / formats of artwork involved and the moral is- if you get into this type of arrangement draw up something on paper in advance.

my take on this is that if it is a painting the lady is doing then the image will have been significantly altered for her to claim it as her own creativity. This together with the gift which was given without reservation then the photo is her property and the original owner has no rights.

let her paint it no probs.
even if it is a photoshop brush work job then it would depend on the changes. If if becomes more of a graphic design then its less of a problem.

how sad if any one has to go to the court over this. The outcome will simply be that the ownership of copyright etc will go to the client with the most money. Call me an old cynic!

From the link I posted above:

[QUOTE]Legally only the copyright owner has the right to authorise adaptations and reproductions of their work - this includes the making of a derivative work. The copyright owner is generally the creator of the original work, or it may be someone the creator has given copyright to (i.e. next of kin). Unless you are the copyright owner of the original work, you will probably need the permission of the copyright owner before making a derivative work.[/QUOTE]