[Peggy Baumgaertner]

In one of the earlier posts, one of the contracts contained within it a provision to use the image in the painting for advertising and other purposes.

I specifically do not put a provision for use of the image of the painting for advertising, publishing, etc., into the contract. I see this as being a separate issue from the commissioning of a portrait. The contract says you want a painting, I want to paint it, and here is how we'll go about it. This is pretty cut and dried. You are mixing things up when you try to nail down a potential client to the use of the finished painting (which hasn't even been conceived at the contract signing...) to a legal document that states you can use the painting for -- basically -- another purpose upon it's completion. I fear this could strike fear in the heart of you client, and you just might lose the commission.

I prefer to have a separate document that I present to the client after the painting is completed, asking for the use of the image. I have had clients turn me down -- they didn't want the painting used, which is okay, I just choose another. I think it would have placed the commission in jeopardy if I had insisted on this provision as part of the contract, and I want the contract signing to be as low impact and warm and fuzzy as possible, not filled with moments like the client saying, "I don't think I can agree to this...".

The separate contract/release form says (for example) that I would like to use the painting in a magazine ad, for an article, video, or for a book. Most of the time I am requesting for a specific purpose, but if I really like a painting, I'll ask for a general release to use the painting in the future for a book I might hope to publish, or an article I might write, etc. It seems civilized to request the use of their painting in this way, and my clients seems to really appreciate being informed. BTW, I don't have the clients sign a contract for the use of their painting in my portfolio. I do ask, but I feel it's only necessary to have a release for published work.

Below you will find a copy of the Talent Release Form.

(BTW, I must be working for an unusually large number of lawyers. I could curl your hair with the horror stories that led directly to my business methods. Every decision from pricing a portrait by body parts instead of size, to specify when the painting belongs to the client {I had a child use the portrait for a trampoline 10 minutes after the client picked it up...}, I have learned the hard way.)

Peggy



TALENT, SERVICES AND ADVERTISING RELEASE FORM

For value received, I agree and consent that Baumgaertner Portraits and its
nominees and assigns may use any motion pictures, still photographs, or videotape
recordings taken of _____________________________________________ on
_________________________ for ______________________________________.

or any reproduction thereof, in any form, style or color, together with any writing
and/or other advertising and/or publicity material in connection therewith.

I understand that my talents and/or services and any related advertising and
publicity material are to be used in connection with Baumgaertner Portraits.

This consent and release is given by me without limitations upon any use for
projections, playback, reprints, rerun, broadcast, telecast, or publication of any kind,
including the advertising and publicity connected therein. I also agree that the
originals and copies therefrom shall be and remain the exclusive property of
Baumgaertner Portraits or its nominees and assigns.

I am over eighteen (18) years of age. If subject is under 18, a parent or legal
guardian must sign this form on behalf of the minor.


__________________________________ ____________________________
Name Social Security Number

__________________________________ ____________________________
Address Telephone

___________________________________ ____________________________
Signature (or Signature of Guardian) Date