Others using ur pix as reference for art - would u allow?

[Garion]

Hi folks,

Just a quick question....I had been asked via email by someone I don't know - an aspiring artist in another country - whether she could use some of my nature photos on my gallery as reference for her artwork. She claims that she will use the pics as a reference only and not "copy" the entire image wholesale for her artwork. However, the thing is that not only will she be putting the finished works on her own gallery (but she promised she will linkback and credit to me), but she also intends to sell some of the prints at her local market.

What would you do if you were in my shoes?

I'm a bit hesitant on this because the artwork prints based on my photos could eventually be used for her own commercial gain....so my probably answer is "no".

Appreciate your views and comments on this. Thanks!

 

[Del_CtrlnoAlt]

no... ask her to fly kite...

 

[night86mare]

how is she using the image?

if she is basing a painting on it, that is also reference.

if she is extracting elements from it to do collage, that is also reference, in some sense of the word.

so it depends.

 

[Xiao_shin]

Care to show us the image? It really depends on how she is using it.

 

[Lolrence]

Matte painters or photomanipulators use lots of photos as reference and to manipulate (integrating parts of the photo to be used for bg sceneries for example), collage, and paint over diff areas to achieve what they have in vision. E.g. Lots of background scenes from LOTR were matte paintings, which consist both of photo manipulation and painting.

If it's a paint over, some people literally paint over your photo with different brush sets, tweaking lighting, tweaking colur etc to achieve a painted+realism look.

I dare say that almost everyone in the design/art line use some sort of reference for their work... you can't expect someone to come up with something from nothing, especially if they've no idea what something really looks like in real life.

So my suggestion is, get as much detailed info on how she would use your photo as reference... how much is gonna be copied, how much is gonna be from that person's own imagination... It's actually good that she bothers to infom you... Lots of pple won't even bother.

Best of all, tell her to display your photo along with the artwork. If you allow her to use your photo as 'reference' that is :thumbsup:

 

[Garion]

Thanks for the feedback guys.

Care to show us the image? It really depends on how she is using it.

how is she using the image?

if she is basing a painting on it, that is also reference.

if she is extracting elements from it to do collage, that is also reference, in some sense of the word.

so it depends.

I am guessing she is mainly using it as a base for her pencil sketches (from what I've seen...almost all non-coloured) Don't think its a collage. Neither is it photomanip or anything of the sort that uses parts of my actual pictures.

But the main thing I am concerned with is that she will be selling her actual sketches in a 'local marketplace' exclusively as her own works, no credit for the references whatsoever.

 

[shiruikage]

But the main thing I am concerned with is that she will be selling her actual sketches in a 'local marketplace' exclusively as her own works, no credit for the references whatsoever.

well...technically, the sketches is her own work, not urs lor, and regardless of where she got her inspiration for her sketches, its pretty thin ice to say she should credit u for the...'reference'. afterall...she din sell ur photo, not even a reproduction of ur photo, so...there's no conflict.

 

[Clown]

actually if she's nice enough to ask you, it means that there's a high chance she'll accredit you in her works accordingly.

if i'm in your shoes, i wont mind giving the permission. after all, i would be quite interested to see how another artist interpret my photography work. =)

 

[adorable]

Sometimes being nice and generous to someone, it can lead to something bigger and better.

It is not that we want something in return.

In this world, it seems that people is no longer being generous. Everything is about $$$ and afraid of being short changed.

If I were you, I will give.

 

[Static]

I oso got an email like that.

My photos sucks.. maybe some con artist

 

[night86mare]

there is no direct output of my work being involved in direct output of hers, in that case

i would give.

 

[Teufelhunden]

It would be interesting to see how someone has interpreted your own work. I'd give her the usual Creative Commons T&Cs.

 

[CYRN]

actually if she's nice enough to ask you, it means that there's a high chance she'll accredit you in her works accordingly.

if i'm in your shoes, i wont mind giving the permission. after all, i would be quite interested to see how another artist interpret my photography work. =)

I second this...

But do be aware of con jobs.

 

[petetherock]

I tend to feel it is ok.
I mean, I saw a picture on flickr and I am trying to replicate it (see my thread in general & techniques).

The original shooter even joined CS from USA to share tips on how the shot was done.

Sometimes what we get is friendship and knowledge. Besides, she did not need to inform you...

Cheers

 

[aryanto]

I think this has been widely done - it is called tracing. One of my fav background artist (anime) Makoto Shinkai uses it, but he traced using drawings (tranced from photos) and then also using CGI if not wrong.

Some other people draw character and super impose it with actual photo as background (this technique is developed in 1990's).

There was an uproar recently for tracing (if not wrong in 4chan) when some artist traced other artist work and combo from many source to make his own. You can check the news report in sankaku complex (not going to give link as it is NSFW).

I guess tracing for background is considered ok (when using photo as reference) while tracing for characters is kind of blatant copying (esp when source is not disclosed).

I think what the request you are receiving is for background tracing. Do check if your work is used as reference or it is used directly (even when photoshopped). Agreement is up to you of course.

 

[gazkw]

anytime there is someone using my work for commercial purposes (i.e. making money) then its 100% not gonna be for free.

 

[peapilot]

Let her use it. There's no way you can stop her anyway short of kicking up a fuss but that would be bad publicity for the both of you.

In all honesty she can get away with using your pictures without your permission because what she's doing is derivative work. Even if it's blatant copyright infringement how do you intend to seek legal actions? It'll be too costly and time consuming to pursue. She's nice enough to ask and accredit you so I think that it's goodwill extended on her part and as artists there's no harm sharing alike.

From what you said she's been outright and open with her approach she needs to make a living too and it's not like she's not working for it. Likewise, unless her work will eat into your market share why charge her for it? It's not like her resulting work would impact your own sales and you'd be poorer for it. I think it's an ugly and selfish mindset to put a price tag on everything.

If I were in her situation, and someone wanted to charge me I'd just say thank you very much for your time and look for someone else who'll be more willing to share and give him the credit instead.