Portraits & Caricatures Risk Assessment & Management 5

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?

Accepted Answer

The descendible right of publicity, which may be held by the estate

Answer

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?

Accepted Answer

Standard homeowner's insurance (with a home business rider or separate business policy)

Answer

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?

Accepted Answer

The specific permitted uses and channels for the artwork

Answer

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?

Accepted Answer

The artist's right of attribution and integrity — strongest in European (Berne Convention) jurisdictions

Answer

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?

Accepted Answer

GDPR (General Data Protection Regulation)

Answer

GDPR applies when processing personal data of EU residents regardless of where the artist is located, requiring lawful basis, data minimization, and deletion rights.

Portraits & Caricatures Practice Test

Portraits & Caricatures Practice Test

Portraits & Caricatures Risk Assessment & Management 5