Royalities and Copyright
Hi everyone, I need some advice please!
Last year I created a local Watercolour calendar giving all profit ($3,460) to a local charity, and free promotion to 14 local businesses struggling through Covid. I’m doing it again, to another charity.
I want to involve the local community more this year and am inviting them to send me their favourite local photo for me to paint for inclusion in the calendar.
All profit from the calendar itself will be donated to the charity (I just cover my costs). However, this year I will also be selling the originals and prints of the paintings featured and may also use those paintings in exhibitions, competitions, on products etc. I may also wish to create paintings and products from some of the contributed photos that don’t make it into this year’s calendar (there are only 12 spots and I may receive more photos than this).
I need to create an Agreement about use of the paintings created from the photos. I think I’m right in saying that the person who took the photo will always have copyright on their photo and I will have copyright on my paintings created from the photos. But what if I make money from (for example) T shirts or limited edition prints, or anything else featuring a painting inspired by one of these photos? I need advice about:
1. Whether I need to acknowledge them as owner of the photo I used to inspire my painting every time I promote/sell my painting? Sometimes exhibitions and competitions don’t provide an opportunity to do this, so it would be hard.
2. An Agreement between myself and the person providing the photo which gives me the right to sell or copy paintings inspired by the photo without royalty claims from the person who took the photo.
Do any of you have info/links to the law re both of these questions and/or a model agreement that I could use or adapt please?
I shall be starting to promote this community initiative on 18 June so need to produce my Agreement document before then please.
Thank you very much. I look forward to hearing from you.
Best wishes
Carin
Nava has some info which might help https://visualarts.net.au/advocacy/campaigns/intellectual-property/