Help with an art querie

[artistbank]

On the subject about commissions.
As an artist when a client asks me to do a commission the price depends what they commission. If they want me to do a commission such as what you had done. The price would have been cheaper than my usual work, because I wouldn't be using my creativity just my skills as a painter/sculpter or photographer. Artists use a 3 tiered commission pricing system, the more creative control the higher the price. So be careful in the future who you pick for commissions.
Personally I wouldn't have reproduced the item. Professionally I don't think many artists would. You paid for a job, and it was done, finished. For something that they haven't used their creativity for and they have reproduced it in another form is an embarrassment to their reputation as an artist. But then they could only be a painter, there's a difference between painters and artists. I would only keep the copyright for a commissioned item being reproduced if it was in the highest of the "tiered system" because I have had to work from scratch to produce it, otherwise its done, its yours, I'm moving on.

[JaBek1]

It's been a considerable time since I engaged in photography to earn a living, but if memory serves, in assigned work (done for hire) the copyright for such work rested with the party causing the work to be done. Of course, work for hire had the terms spelled out specifically in the agreement. However, many clients were willing to reassign rights they didn't need after their purpose was fulfilled.

With regard to portraiture, while the photographer owned the copyright and retained possession of the negatives, there were limits to which the photog could use them. I believe the photog could display copies of the work in their place of business as samples of their work, unless the sitter objected. They couldn't, however, publish the image in advertising without signed release from all recognizable people in the piece.

Of course, with work done on spec or not under a work for hire agreement the photographer would retain all rights not specifically granted to the client. Naturally, anything shot while in the employ of someone would be the property of the employer.

I would think that the same would apply to most artwork and not just photography, but as I said, it's been many years since I worked on assignment.

Dennis