Need some help from you clever guys!!

[abisheridee]

I'm a fine art student and have a done a big huge oil painting of a rather large lady, as I'm studying Jenny Saville. It hasn't been cut from its board yet so is in the corner of the art room.

The reason I need help is because at my life drawing class some photographers came in to take pictures for next years prospectus for the college. I said I didn't want to be in any photos. They tried to take the oil painting I was doing in life drawing, put it on SOMEONE ELSES EASEL and have them PRETEND TO PAINT ON IT, because I didn't want to pose. I made a fuss and told them no no no, I definitely didn't want them to have anything to do with my work.

Then they spotted my big lady, and said 'thats a nice piece, let's get a shot of that'- the life drawing tutor stopped them pretty quickly and said 'the girl who painted that is here and I think you'll need her permission'.
So they asked me if they could get a picture of me pretending to paint it. I said no no no, I don't want anything to do with it. So without asking they got a girl who was ok with having her picture taken to pretend to paint on it. I made a fuss again. They did what they had to do (which didn't include taking a picture of painting) and left.

Today I was in the mac room and a girl from my class who had been working in the studio where my painting was came in and told me they had taken a picture of it while I wasn't there, and taken a picture of a girl painting, where my painting was clearly in shot. I zoomed back into the studio in a RAGE but they had gone.

Having a serious chat tomorrow. Needed help as I am quite nervy and quiet, and don't really know what to say. What would you do?? I am FUMING.

[kev ferrara]

This one made me mad. You need to go directly to authority on this. This is an abuse of your rights and you should go visit whoever is in the chain of command immediately. There might be an office in your school that does public relations that is handling this advertisement for the school. Find the directory for your school and make a call immediately or visit them in person. Tell them either remove your picture or you will take it up with the dean or whomever.

This is your work, the school does not own it, nor does it own you. You pay the school for a service, it does not pay you to use your work for advertising purposes. If they want to use your work to advertise the school, I suggest asking them to sign a contract and pay you a usage fee. Then make up a number for the dollar amount that will get their attention. A grand might be a nice round figure.

kev

[abisheridee]

Thank you, I wanted to make sure I wasn't overreacting too:bashful:. I'll be talking to student services tomorrow.

[Ilaekae]

This sucks. Kev's advice is sound. Do it. Schools and businesses that treat their paying students and employees like free publicity assets to rip off at will deserve everything they get.

[EightArms]

unauthorized use of your painting??? Cease and desist letter ASAP.

[drd]

Wow, that pisses me off, they're like fucking flies

I can only echo the others, serious rights abuse.

[Jason Rainville]

Threatening to sue on the grounds that they are using your work for their promotion despite your repeatedly expressed declination could possibly make some balls shrivel up in fear. Let them know if the dispute gains any media attention they'll get plenty of promotion, just not the kind they wanted.

Press home the idea that this can blow up in their faces... real hard. As an example of how hard, mime the movements and sound effects of Andre the Giant busting his prodigious nut in their faces if need be.

[OmenSpirits]

Have a laywer on speed dial and say, 'you make a real issue out of this, let me call my lawyer and have them come down and discuss it'. I'd show them the number, and if they got bold, I press 'call', waiting for their response.

They want to push it further. Make the call a free consultation and have him explain your rights and your right to SUE those...see, was about to call them someting VERY bad, but nope, will be the better man *chin up*...people if do NOT destroy that picture!

BOTH CANNONS TO THE GRILL!

[German-s]

this made my face red with anger! please keep us updated on this.

definetly approach the proper authority figures, be firm and be clear.

[Straight Edge Ryan]

Getting other people to pose as if they painted my work is what would have set me off

Out of curiosity, why didn't you want your picture?

[IanE]

Fuck that.

Rage all over their faces!

[Grief]

be sure to check out your student rights, namely in regards to your privacy as a student. most state universities (assuming youre in the US) will require that you sign a release form for any photograph that is taken on campus which is used in a public fashion. i have been on both sides of the camera regarding getting students to model, and posing myself to promote various campus related activities, a release form is always involved.

the argument youre going to recieve is that you are not directly in any of the photos and therefor your student rights have been preserved. this is bullshit and they are exploiting your work without your consent. you'll need to raise quite a ruckus in order to convey that your art is an extension of your privacy rights as a student.

one final note is you should never threaten to sue unless you are fully capable and willing to take legal action. weilding it around for shock value can be more damaging to your position if you are not able to follow through. its the old "mouth writing checks your ass can't cash" scenario.

best of luck in protecting your rights as an artist.

[TASmith]

In terms of artists/students rights, you're absolutely right. However, being right isn't as important as building business relationships! Right now are you an undergrad? Have you thought where you want to go to grad school? If you do, then the easiest place to get in will be the school where you got your undergrad, provided you don't burn any bridges!!!

You have every right to complain and you should, but stay calm and civil - even friendly! Explain you'd like the photo removed, or you'd like payment for use of your work. Explain while they have every right to photograph their studio space, it that doesn't extend to the work itself.

If I were in your position I'd have welcomed the photo, so long as I was proud of the work, as it's free exposure. But I have been in a similar case as yours where I did feel upset. I went to a boarding school my freshman year of highschool, and I hated it. I left after the first year. Midway through the year my parents sent me a newspaper clipping from my home paper with an article about me, and the worst picture possible. It was all an ad for the school, stating all sorts of false information. That I was starring in a play, when I was just an extra - these kinds of things. It was embarrassing and I was upset, so I went to the office worker who had sent it out, and told her not to do it again. I know how you feel - it can be an invasion of privacy.

[J Wilson]

I pretty much agree with your stance, and your anger. However, to play devil's advocate I believe some schools actually have some fine print about being able to show work you do there for promotion. Think of it this way, in a way you are THEIR portfolio showing others what they do. They may respect your wishes to not have your work shown, but then again they might not.