Do You Have Permission?

With most of the calls for entry I see, the artist agrees that the exhibitor can reproduce accepted entries in a catalog or for publicity purposes. This sounds reasonable, but can the artist always give you that permission?

If the artist took the photograph that is being reproduced, then the answer is yes. But if the image of the artwork was taken by a professional photographer, then maybe not. Artists and exhibitors often are not aware that the rights to an image of a piece of artwork does not automatically follow with the rights to the artwork itself. Typically, the photographer owns the rights to the image.

My clients receive a limited license to use an image of their artwork for any publicity or other promotional purpose, including show entries, postcards, advertisements, publications, or a web site. They also may give permission for it to be used by a third party for the same purposes.

But many photographers follow different, more restrictive, business practices and retain all rights to use an image. So be sure that artists entering an exhibition actually can give you permission to use the image of their artwork.