A quick q. about equine art & reference photos!

[Sol]

Sorry, yet again no idea who would be better to ask!

I occasionally take photos (not very good ones, but adequate ones!) at horse shows and such to draw from. Right now, most of those drawings stay hidden away, but in the future I would like to be able to sell drawings other than commissions - for which I need references that aren't just my own 2 horses, gets a bit boring after a while

So just curious, are you allowed to use/sell drawings from photos taken by yourself? I don't draw people anyway so it is just the horses.
How would you react if you came across a drawing/painting that was your horse, but obviously not commissioned?

Just wondered

Thanks,

Sol x.

 

[outandabout]

I have no idea what the law would say on this topic, but my OH has played sport at a very high level and someone produced a painting of him from a photograph they had taken at a competition - he saw it and went 'Blimey, that's me!' and the artist gave him a print of the painting, which was jolly nice of them!

 

[Dubsie]

So long as it was a good likeness, I'd probably say 'how lovely' and buy it!

 

[bexwarren24]

If i found a drawing of my horse for sale somewhere I would love it. Not sure where the law would stand by the way. How much would you want for a commisioned piece of art. Could be tempted PM me if you prefer.

 

[LauraBR]

I produce original equestrian paintings that I exhibit, and these days I only ever work from my own reference photographs and sketches.

So long as photography is permitted where you are taking them you can use the photographs as you wish for your artwork. My photography has become a huge part of my art and I travel all over looking for interesting horses and events to photograph from eventers to gypsy ponies, really enjoy it.

I would never go back to using other peoples' photos (apart from commissions of course, but then this year I have produced most of my commissoned work from my own photos too!); by using your own photos you, and your buyers, know your work is 100% original (and therefore avoiding copyright pitfalls) and your own artistic concept start to finish.

Have fun with it!

 

[Kat]

Generally speaking there is no problem with using your own photos. People don't have rights to stop you photographing them or their property in general terms.

The exceptions are going on to private property to take photographs and the limits of your permission to be there. For example, the national trust will let you take photographs on their land for non-commercial purposes. They have in the past taken action against photographers for selling photographs taken on their property (of their buildings etc) as taking commercial photographs is not within the terms of your admission to the property.

However they do have to prove that the photograph was taken on their property without permission, so for example a photo that is a close up of a flower would be unlikely to cause problems as they wouldn't be able to identify where it was taken.

You need to be aware of this sort of thing when photographing horses for artistic purposes on private property (such as at shows) and make sure you aren't exposing yourself to any action.

But if you take a picture of the hunt from a public place and use that as source material the people shown and the owners of the horses can't do anything to stop you selling that picture.

Realistically though, the majority of people are very welcoming to artists and are willing to pose if you ask them, and are flattered if you use them/their animal/their property as a subject.

Mark did a picture of a cottage a couple of years ago, just as a sample, and has had reproductions purchased by the current and former owners - they were flattered. The same with horses he has used.

 

[legaldancer]

I think this is fine as long as you're not using someone else's photos, ie from a magazine or book. I used to be an illustrator & ran into this kind of thing often. Once I did a pic of a cat for some cat litter from a photo supplied by the client (big national supermarket). The original photographer saw it & demanded an extra fee for his copyright. You will have the copyright on any photos you take.

 

[Sol]

Thanks everyone! This is really helpful

I also considered what if I changed markings etc.? I would presume that this would also make a difference as then it's unlikely someone will even be able to tell for certain that it is a particular horse (especially as I usually only work in pencil).

I actually quite enjoy taking photos too - even though I'm not very good at it

Interesting also about taking photos at shows and such - do you have to have permission just to take photos AT the show usually or simply from individual people who you might photograph?

Sorry for all the questions, it's something I'm really interested in and would like to make a good go of, even if it just sees me through sixth form with a few pennies in my pocket rather than constantly begging parents!

Thanks everyone!