Portraits & Caricatures Risk Assessment & Management 5 — Questions and Answers
Question 1: A portrait artist is commissioned to paint a posthumous portrait of a deceased individual from photos. Which right is MOST relevant to obtaining permission?
- The deceased's copyright in the photographs used
- The descendible right of publicity, which may be held by the estate (Correct answer)
- The artist's moral rights in the final work
- The DMCA takedown right
Correct answer: The descendible right of publicity, which may be held by the estate
Many states recognize a descendible right of publicity, meaning the deceased's estate may control commercial use of their likeness for decades after death.
Question 2: A portrait artist works from home and a client visiting for a sitting is injured by tripping on art supplies. Which insurance covers this liability?
- Professional liability insurance
- Standard homeowner's insurance (with a home business rider or separate business policy) (Correct answer)
- Workers' compensation insurance
- Inland marine insurance
Correct answer: Standard homeowner's insurance (with a home business rider or separate business policy)
Standard homeowner's policies typically exclude business activities, so a home business rider or separate business liability policy is needed to cover client injuries on the premises.
Question 3: An artist creates caricatures of employees for a company's internal newsletter. Six months later, the company publishes them in a national advertising campaign. What should the original contract have specified?
- The exact number of colors used in the caricatures
- The specific permitted uses and channels for the artwork (Correct answer)
- The employees' rights to veto unflattering depictions
- The artist's right to display the work in their portfolio
Correct answer: The specific permitted uses and channels for the artwork
Licensing language specifying permitted uses and channels prevents a client from repurposing artwork beyond the original agreed scope without additional compensation.
Question 4: What is 'moral rights' in the context of a commissioned portrait, and which jurisdiction most strongly recognizes them?
- The artist's right to be paid fairly — strongest in the US
- The artist's right of attribution and integrity — strongest in European (Berne Convention) jurisdictions (Correct answer)
- The client's right to alter the portrait after purchase — strongest in the US
- The subject's right to destroy unflattering likenesses — strongest in France
Correct answer: The artist's right of attribution and integrity — strongest in European (Berne Convention) jurisdictions
Moral rights protect the artist's attribution and the integrity of the work from distortion, and are most robustly recognized in European jurisdictions under the Berne Convention.
Question 5: A portrait studio stores client reference photos (including family photos submitted by clients) on its servers. Which regulation creates compliance risk if clients are EU residents?
- The US Copyright Act
- GDPR (General Data Protection Regulation) (Correct answer)
- The Lanham Act
- CCPA (California Consumer Privacy Act) only
Correct answer: GDPR (General Data Protection Regulation)
GDPR applies when processing personal data of EU residents regardless of where the artist is located, requiring lawful basis, data minimization, and deletion rights.
Question 6: Which scenario represents a 'concentration risk' for a portrait artist's business?
- Using only one type of medium (oil paint) for all portraits
- Relying on a single corporate client for 80% of annual revenue (Correct answer)
- Painting only one demographic of subjects
- Storing all files on one brand of hard drive
Correct answer: Relying on a single corporate client for 80% of annual revenue
Concentration risk arises when a business depends heavily on a single client or revenue source — losing that client could be catastrophic.
Question 7: A freelance caricature artist discovers another artist has copied their distinctive stylistic technique. Which form of intellectual property LEAST protects artistic style?
- Trade secret law
- Copyright law (Correct answer)
- Trademark law (trade dress)
- Patent law
Correct answer: Copyright law
Copyright protects specific original expression, not underlying style, technique, or methods — an artist's style is generally not copyrightable.
Portraits & Caricatures Risk Assessment & Management 5
A portrait artist is commissioned to paint a posthumous portrait of a deceased individual from photos.
Which right is MOST relevant to obtaining permission?