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Old 03-03-2003, 08:19 PM   #21
Michele Rushworth Michele Rushworth is offline
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Here's what I do, as far as getting sign-offs.

I meet with the client first to discuss what they had in mind (size, composition, estimated price, etc.) Thirty percent of the total commission price is due when I show up to do the photo shoot.

When the photos are back, I choose a few suitable ones and have the client initial the one or ones they choose. I also present them with a sketch of the composition, which I also have them initial.

I then fill out the contract with the client's final decisions regarding size and price. (It's not always possible for the client to know if they will want a three-quarter pose or a full length pose until they see the photos.) If the pose will be a full length and they only paid me a deposit on a three-quarter pose, for example, the rest of the deposit is due at that time.

Then I go and start the painting. I should probably do a color study for the client to approve before beginning the painting but I haven't done that so far.

When I present the painting, I also present an invoice for the remaining balance due.
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Old 03-04-2003, 01:48 AM   #22
Lon Haverly Lon Haverly is offline
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Good advice, all. I will have to ponder the revenge, however, John.
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Old 03-04-2003, 09:33 AM   #23
Steven Sweeney Steven Sweeney is offline
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A couple of thoughts --

On the copyright/model issues, the contract will trump the presumptions in the statutes (assuming of course that the contractual provisions are legal). My point is that, like probate, you can either specify what you want to happen (by Will [or contract]) or the government will do it for you. One is more fun for everyone, usually.

I sold a lot of work to the children's magazine, "Highlights". Their contract rather uniquely (in that business) specifies that they get everything, including copyright. I was happy with that at the time. But when one of my stories got picked up for an anthology, Highlights got the dough. I wasn't terribly unhappy about that (it was still my story, my byline, and my publicity), but I've never been embarrassed to cash a check and would have been happy to do so again, even if on residuals.

The other matter: Lon, if you think it would help, post the image of your painting, together with the reference photo, in our Critiques section. Perhaps nothing useful will come of it, but perhaps a small handful of tips will make all the difference for this client and your story will turn out happily and instructively for all who are following it.

Cheers
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Old 03-04-2003, 09:37 AM   #24
Karin Wells Karin Wells is offline
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Revenge is childish and unprofessional...fun to fantasize about when you're hurting, but don't do it! The "grandmother scenario of public humiliation" described earlier would not only be in violation of good taste - but probably the basis of a lawsuit against the artist.
Prudishly yours,
Karin
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Old 03-04-2003, 12:16 PM   #25
Lon Haverly Lon Haverly is offline
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I was kidding when I said I would "ponder " the revenge comment. Vengence does not belong to men. There is no need for it here, anyway.
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Old 03-04-2003, 01:02 PM   #26
Jean Kelly Jean Kelly is offline
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Men have no vengence?

Remember: "**** hath no fury like a woman scorned"! Guess we get all the revenge.

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Old 03-04-2003, 03:44 PM   #27
Lon Haverly Lon Haverly is offline
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"Vengence is mine, saith the Lord."
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Old 03-04-2003, 04:06 PM   #28
Linda Nelson Linda Nelson is offline
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Hi Lon

I have yet to have a client reject something, but I have had to respond to a client's disappointment with their image in a portrait. Luckily, it was expressed at an "interim" review of the painting, so to revise her in the painting was not felt like a crisis for anyone. I had to revise her to look like what she felt she looked like, not what she literally looked like.

I'm sure men have these feelings too, but we women can sure be sensitive about our "faults" - to the point that it's too embarrassing to even bring it up. I could be totally wrong here, but I get the impression from the photo that this woman is very short. If there would be any comment of the painting is that my first impression of it was it was of a "little person", as the body proportion, especially to the head, seems to convey that body type.

If this is the case, you could have accidentally emphasized a trait that she could be so sensitive about that she would rather scrap the project than talk to you about it.

Linda
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Old 03-04-2003, 08:29 PM   #29
Lon Haverly Lon Haverly is offline
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Good point, Linda. I cannot really speculate, since she was not specific. I will wait until she sees it in person. In fact, I might have already corrected it, but I do not wish to send her any more images. Rather wait until she sees it in person. Thanks for the input!
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