Artist's Rights to Artwork in California

[bugrocket]

I am wrapping up a divorce. As a part of the settlement, my exwife (a painter) was to turn over a painting from her portfolio to me.

After much drama back and forth, she finally did so. She is now claiming that according to California law, I cannot sell the painting without notifying her and giving her a portion of the sale. She further claims that she can use the painting in any market program (advertising/website/brochures) she wants.

While I have no intention of selling the painting (it might be worth something someday...) I do not want her using the image. Call it sour grapes, but she cost me a lot of dollars over the years on this money losing enterprise.

Overall, I want to know what rights she still retains to the painting and its use.

Thanks.

[profiler_jack]

as an artist myself, i know that reproduction rights solely belong to the artist, unless there is a contract or other agreement specifying who we have sold (or given) those rights to.......if you copy or reproduce her artwork in any way, she could go after you for copyright infringement.