copyright one more time...with a twist

[janetg]

hi all..this is a fuzzy area, but would like some opinions..

i comissioned a custom painting of my dog from one of my photographs. i now find a 3rd party offering to sell this 'digital painting' along with others on their site.

thoughts? i did not give permission to do this and they did not ask.

[Crashoran]

Did you sign any kind of contract or agreement?

[janetg]

no actually i didn't - i ASSUMED it was a private commission and would remain so. i guess i messed up...

[Steelsun]

I'd claim it was copyright infringement - it's a derivative work. You gave implied permission to the "painter" to make a derivative work of your photo (which I assume you have the copyright to) for use by you. You did not grant any other copyright release (that cannot be implied - it would have to be in writing).
So go after them with a Cease and Desist and a DMCA takedown.

If the site is not the person who you commissioned the work from, I'd also contact them so they can be aware that their limited copyright is also being infringed.

IANAL-IJWFSAAWTATT (I Am Not A Lawyer, I Just Work For Some And Argue With Them All The Time)

[janikphoto]

On the same token, you probably don't have copyright to reproduce or distribute her painting, so don't post a pic of it here...

[janetg]

i wouldn't post it here, i was very unhappy with it, and asked for some changes, and still unhappy with it. i ultimately hired someone else to do it who did what i asked of them. this is why it was a suprise when i saw it - on someone else's website...

and i don't normally peruse at 1am...my daughter just called from new hampshire and had to go to the er..possible pneumonia...so waiting on that phone call