The Only Artist Credited when Her Art Appeared in a Movie

I’m attending the upcoming Salon Dinner of the North Shore  on Friday which features the art of   Danielle Klinenberg. When I read her name I was reminded of a Q & A that Klinenberg and I had started a while back but I had never uploaded, I had totally forgotten about it. 

She gained attention from the movie, “The Break-Up”, filmed in Chicago.  The movie, featuring Jennifer Anniston and Vince Vaughn, used a few prominent Chicago artists’ original artwork in the film (Aniston plays a gallerist), yet when the credits rolled, no artists were named. None but watercolorist Danielle Klinenberg.  The Reader picked up on the story. I asked her what she did to pull that off, and this is what followed (via e-interview):

Q:  What exact language did you add to the contract you signed with the production company?

A:  In the space on the agreement (down by the signature) … ? “If any piece is featured, End Credit is required”.

Q: That’s it?  How did you know about it?

A:  When an attorney from Universal Pictures emailed me a clearance authorization contract I asked who I might contact about getting a credit.  The production company that made ‘The Break-Up’ borrowed ten of my paintings for use in the movie.  It seemed appropriate that I get a credit.  The attorney did not answer the first time I asked.  I asked again, both times in July (2005).  In November I called the attorney’s office and then followed-up via email to ask about the credit?  I have the records:

My first email:

There is one thing I’d like to ask about, although I’m not sure you are the right person to ask.  Is it possible for me to get a credit for this loan?  That would be terrific. If you are not the right person to ask, who is?  Thanks.
 
My second email:

Who should Ii ask about getting a credit?  If my work is being used in the film it could be such a phenomenal thing for my painting career.

Thanks!

My third email:

I phoned your office the week before last, and I’m writing to follow-up.  When we spoke over the summer, you advised me to add a line in the contract I signed that if my works were to have significant exposure in ‘The Break-Up’, I could expect a credit.

When I visited the set, one of the writers and one of the editors advised me the works were prominent.

Q:  What’s your advice for artists, when should they ask people to sign contracts, or add a couple contractual caviats when including their work?
 
A:  Curious you should ask this week.  A production company (C3 Presents, the company that produces Lollapalooza for which I am producing an art studio) just faxed me a dense contract.  They have a battery of lawyers.  I have a cousin who is a partner at a major law firm I who ask to look at contracts over dinner!  I arrived at a juncture in my career (this week) where I realized I need an attorney.  It feels like a milestone.
 
Q:  This might be the same question, but — how can artists avoid situations like what happened to the other artists? What should they be on the lookout for? What about artists who are nervous that if they ask someone to sign something, they’ll lose the opportunity altogether?

A:  Artists are in business.  While business language is not typically the way I wish to communicate, it can be helpful and at times necessary.  With ‘The Break-Up’ it was clear to me that it was appropriate for me to be credited. So I persisted in asking for a credit.  If you, as an artist, are asked to sign a contract, ask someone to look it over for you first.  Also, there might be times when you ought to provide a contract for business transactions. The clarity in contracts can be helpful.

Q:  Do you know of any other contracts, or contractual policies that artists should be aware of?

A:  I will say I have found that many galleries do not sign contractual agreements with their artists.  Some do, but in my experience most do not.  As an artist, and perhaps this is true of any business, I think it is important that you use your intuition to evaluate opportunities that come your way. Also, learn from your mistakes.