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599 NINTH STREET NORTH SUITE 309 | NAPLES, FL 34102 | 239.261.2637
ASK THE ARTSPERTS COMMISSION CONUNDRUM www.harmonmeek.com
by Juliana Meek and Kristine Meek
Dear Artsperts:
I commissioned a local artist to create a
painting for my living room and while I was at
the frame shop picking up my new painting,
a decorator stopped to compliment me on the
painting and asked if I would give her permission
to make a giclee of the painting for her client.
Can I give her permission since I commissioned
the painting?
Signed,
The Commissioner
Dear Commish,
From your point of view,as someone who paid
an artist to create a work of art for you,it may seem
like you should have every right to use the work
in whatever way you want. After all, without your
commission, the artist would not have created the
work. But the law favors the artist because every
work of art is unique. Creating a work of art, even
one that is commissioned, requires inspiration, and technique. You can see the artistic differences in
talent, and technique. these paintings of Central Park. With the work you
For example,let’s say you commission an artist commissioned, you most likely chose the artist based
to paint Central Park in New York City. It will on his or her particular technique. It wouldn’t be fair to
look vastly different from one artist to the next the artist to reproduce their creative and unique work
because every artist has a unique perspective without their explicit permission.
Taking the artist point of view into consideration,
you can see why the law favors the artist. Even with
commissioned works by private collectors, the artist will
retain legal intellectual copyright to the work of art. The
artist is the only one who can give permission to the decorator for reproducing the work in a
giclee print.
When commissioning a work, it is always best to agree ahead of time and in writing any
future uses of the work of art by both the artist and the private collector. And of course,
consult a lawyer who best can guide you through the complex world of copyrights.
Sincerely,
The Artsperts
Left: “Central Park at 75th Street” by John Falato, oil on panel, 7” x 9”
Top Right: “Central Park” by Adolf Dehn, watercolor, 21” x 29”, 1942
Bottom Right: “American Elm – Humboldt Statue Central Park” by Jessica Daryl Winer, acrylic on canvas, 42” x 48”, 2012
30 Life in Naples | December 2016
