echopositive

I'm considering working with an art foundation for children to obtain art for use in my t-shirt designs. I have told the group's director I will promote the foundation extensively in my marketing and PR, but would there be any sort of financial obligation to the child who painted the picture? I'm talking about 4-year-olds up to early teens. I'm talking with the director of the foundation later this week -- just wanted an idea of the typical way to handle this situation before that conversation happens. Thanks for your insights!

 

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charles95405

well....a 4 yr old can't sign a contract BUT...you better make sure the parents sign a release..They are the guardian ad litem for the child and therefore looking after the rights of the child...long story short...get a release form signed by parents...much like a photo release...JMO

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Brooklyn Junior

Hi,
even if you get a signed release form or contract by the parents you are not safe. When the kid grows up and decides to go after you for the rights of the artwork then the law is on his or her side. I learned that in a copy write/licensing seminar that I recently took. Be very careful. It is very complicated to do business with minors and impossible to get artwork rights.
Good luck

 

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jlgill

I would second the suggestion that the parent's sign a release for the artwork. As the child is the creater of the art, the copyright is in him. To my knowledge, there is no age requirement for copyright. While the child likely wouldn't be able to sue you for using the artwork, the parents sure would. Get a release. It the child is old enough to have even a minimal understanding of what is going on, it wouldn't hurt to have him or her sign the release as well as they would likely an older child would be called to testify in court.

It sounds like the organization is a non-profit, so the parents/child probably won't ask for compensation. However, there is that possibility especially considering that it will come out that you expect to profit from the child's artwork. If that is the case, make sure you have a contract.

Above all, remember to fully disclose your intentions with regards to the use of the child's artwork. There's nothing wrong with profit if there is also a benefit to the organization. In my experience, things break down when there isn't full disclosure.

Also remember to keep in mind any rights the organization may have in the artwork. If it was submitted to the organization, it may have been submitted with the understanding that all rights to the artwork were lost upon submission.

Good luck.

 

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echopositive

thanks everyone for your input. i have contacted a couple of licensing agents to get the legal facts on this issue. hopefully i'll hear back soon so we can get started!

 

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