Question about painting a casual acquaintance.

[Mary Reilly]

Recently while painting in my studio, I looked out the window and the barber across the street was standing outside his shop on a break. His outfit, his stance, the lighting, etc, everything had the making of a portrait. I grabbed my camera and ran across the street and started taking pictures. He, of course, was gracious and continued posing for me. He is very excited that I am going to paint him, and even said that when it is done he wants to buy the painting.

If the portrait turns out as I envision it I want to use it for competition and also as a sample for about a year. My dilemma is that even though he said that I have permission to paint him (and in fact he is excited that I want to) and he said I can use the portrait for competition and as a sample, I'm unsure how to proceed from here since all the portraits I've done up until now have either been commissioned paintings or family. Should I pay him a model's fee and if so, how much should that be? Also, should I have him sign a release form? He hasn't asked for any money and although I prefer to not pay him, I want to do what is right. How have other's handled using a casual acquaintance in a portrait?
Thanks for any advice.
Mary Reilly

[Chris Saper]

Dear Mary,

Regardless of whether you are painting casual acquaintances or distant clients, I very much urge you to get model releases signed up front.

You should have them at hand for any need, whether you are placing an ad somewhere, or writing an article for publication, or even for some exhibits. Different publishers have different requirements (Probably because they have different lawyers!), and there are two aspects it's good to cover:

1.Model release, both for live models and photographed models; you could pay a fee, a nominal "in consideration of" fee, i.e., $1.00. or no fee. When I photograph someone for my own painting purposes, I usually offer them a set of the photographs, plus an 8x 10 photo of the final painting.

2.Ownership release. Some publishers want permission from the owner of the painting, regardless of the fact that you, as the artist, retain full copyright (unless you have specifically conveyed some aspect of it in writing).

You could combine them into one form, and simply address the parts that are applicable.

When I wrote "Painting Beautiful Skin Tones", I had to try to track down over 100 clients. Some of them had moved, married; or for other reasons, I was simply not able to track them down, and could not use their paintings in publication. You have no way of knowing what needs you may have for permissions five years from now, and I must say it was an administrative nightmare to have to get the consents together at the eleventh hour.

Now I routinely have people sign their releases in the beginning. I have adapted a form that includes permission for use of the model's image, use of source photographs, my ability to use the image for any lawful purpose,(including marketing, eduacational purposes, reproductions and merchandising) and in any format or venue, including internet use.

Some people are comfortable having their source material shown, some are not. I am always careful about children's images, and would not want to connect them with a given city. I also allow people to choose a title; some are pleased to have their family named as the collector, some prefer anonymity.

I use a sort of blended form, incorporating some of the concepts of various publisher's release form guidelines, some from Tad Crawford's "Legal Guide for the Visual Artist" (which, incidentally, is an invaluable resource to have in your bookshelf), and some of my particular needs. I do not know how to post it here, but I would be happy to share a copy with you if you would like. I make no guarantees as to its legal strength, by the way! If, at some future point, someone wants to withdraw thier permission, or decide they want to be paid, my opinion is that it would be a rare case that you would do anything but graciously acquiesce, and simply not use the image.

In any case, keeping an up-to-date permission file is effortless if you do it as you go along, and could save you time and frustration at some future point. Good Luck!

Chris

[Mary Reilly]

Thanks Chris, those are some excellent suggestions. Yes, I would love to see a copy of what you use. Perhaps you could email it to me as an attachment.
Thanks,
Mary