Portraits & Caricatures Risk Assessment & Management 3

Question 1

A portrait photographer-turned-artist uses reference photos they took themselves of a client. Who holds the copyright to those reference photos?

Accepted Answer

The artist, because they took the photos

Answer

The photographer/artist holds copyright to photos they personally take, regardless of who the subject is, unless contractually transferred.

Question 2

Which type of insurance is MOST specifically designed to protect portrait artists against claims of negligent work or failure to deliver as promised?

Accepted Answer

Professional liability (errors & omissions) insurance

Answer

Professional liability (E&O) insurance covers claims that the artist's professional services were negligent or failed to meet the contracted standard.

Question 3

An artist is hired to paint a family portrait but a family member refuses to sign the model release. What is the SAFEST course of action?

Accepted Answer

Refuse to include the non-consenting member in any commercial use of the image

Answer

Excluding the non-consenting individual from any commercial use of the portrait respects their right of publicity while allowing the commission to proceed.

Question 4

A caricature artist draws a celebrity at a public event and later sells prints. Which factor MOST determines whether this is legally permissible?

Accepted Answer

Whether the prints are sold as commentary/art versus pure commercial merchandise

Answer

Courts distinguish between expressive/artistic works (often protected) and purely commercial merchandise exploiting a celebrity's likeness (often not protected).

Question 5

Which financial risk is UNIQUE to artists who accept large custom portrait commissions with long lead times?

Accepted Answer

Client insolvency or changed circumstances before delivery

Answer

Long-lead commissions risk client financial changes, deaths, divorces, or simply changed minds before the work is delivered and final payment collected.

Portraits & Caricatures Practice Test

Portraits & Caricatures Practice Test

Portraits & Caricatures Risk Assessment & Management 3