General Art Commission Question
Legally, I'm not sure. For the most part people share in the credits. Say, you created the character and you want an artist to depict it for you. You had to give all the details of the character to them during the process so the character and all descriptions belong to you. They drew the character so they have control over that 1 depiction, but they don't own the character which means you can commission any other artists to draw the same character. I usually see both people share the image equally. For what I've come to understand, that means that you get permission to post, duplicate, scan the image and the artist tells you the limits if any, and the artist asks you if they can put that character in their portfolio so that they can showcase their talent.
Now, if the character is exactly like a character created in CoH, that is an issue between you and CoH which is a whole different matter.
[edit] If I haven't made my self clear, I apologize. maybe someone else with better communication skills can define it better.
It really depends on what sort of agreement the artist and commissioner has. Most artists are ok with you posting their work that you commissioned as long as credit is given (at least the ones I've dealt with)
No all those comments make sense. I just didnt know what the official legal issues are.
I imagine two different scenarios as far as the character made by you.
1. A COH character in which NCSOFT owns the rights (now anyway)
2. One you dream up.
View the story of W.A.R.F.A.C.E. and Septimus Bane here: http://www.fanfiction.net/s/6785073/1/Meus_Profiteor#
my email chrismfears99@yahoo.com
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If you commission and purchase a piece of art to be drawn, painted, whatever of your character, do you own the rights to it?
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No.
If rights are included in the commission's price, then yes - but otherwise, all you own is the copy of the artwork, not the right to (for example) redistribute, reproduce or resell it as you see fit. It remains the artist's. Unless you have a written contract that explicitly states otherwise, you get usage rights - you can display it, show it to your buddies, hang it on your wall, etc. Nothing that you profit off of.
Sort of like when you go to a con and commission Adam Hughes to draw Catwoman - all you own is that drawing. DC still owns the character and Adam Hughes can reproduce that same drawing for the next guy in line without any fear of hard feelings or legal action from you, but if you put it on a t-shirt and tried to sell it, Hughes and DC could hit you with a lawsuit.
Now, an artist selling prints of a commissioned work gets a little murky, but I don't think you're asking about this from the artist's perspective so much as the commissioner's, so I won't dive even deeper into the twisty, turny world of US copyright law. For my own sake, if noone else's.
Makes perfect and complete sense.....thanks dart!
View the story of W.A.R.F.A.C.E. and Septimus Bane here: http://www.fanfiction.net/s/6785073/1/Meus_Profiteor#
my email chrismfears99@yahoo.com
Anytime!
It comes in handy having an artist who had required classes in copyright law in the house.
I'm going to transcribe a handy-dandy page from my Business Practices in Visual Communication class that covers exactly this topic, as it should basically explain what's up with this in relation to copyright law.
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...For example, many (most?) clients assume that if they pay an artist or designer to do some work for them, they get to keep the original work or use the work however they see fit. After all, they paid for it, right? the answer to this question lies in the fact that art and design are considered service industries, not manufacturing or retail. That means that your client is paying for the service you provide, not the products that are created as a part of this service (e.g., original artwork, sketches, source files, computer templates, etc.). Incidentally, creative fields are defined as service industries by the government, and have been this way for a long time.
Your client is actually paying for usage, which essentially amounts to a license. The extent of their usage needs to be negotiated. the starting point, and what they are paying for by default, is typically called one-time usage, and is usually restircted to a geographical area (such as North America) and limited to a specific time period (such as one year). From that point, additional uses ay be negotiated and paid for by the client, all the way up to a rights buyout, where the client pays for and owns the copyright.
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This is mostly in relation to corporate-type work, BUT it applies to individual commissions. The difference is that with individual commissions, the specific usage being paid for is implied to be a little different than the one-use limited non-exculsive. Usually private commissions imply a lifetime personal-use non-exclusive usage agreement-- That is, you're free to use and display the work for personal, non-commercial(ie, you're not making any money from it) venues like your wall at home, personal web gallery collection, etcetera. You'd probably also be covered if you wanted to put it on a T-shirt or coffee mug for your own personal use. It's assumed that this will not lapse in a given timeframe for commission work, and it's generally held to be non-exclusive-- IE: the artist can display/repurpose/etcetera the artwork as they see fit.
However, it's worth noting that legally, US copyright law protects the creator by default. Art and design rights that are not an explicit part of the service paid for default to the artist. And you can expect to pay a premium if you want to buy bonus rights away from the artist. This gets a touch murky with fanart, though. The copyrights on the artwork stay with the artist by default, but the copyright on the content is still owned by the owner of the subject of the fanart. In this case, you pay the artist for time and skill and the service of a specific piece of fanart being produced, but NOT for the characters, setting, etcetera contained within the artwork. It's a fine distinction, and potentially a problematic one. Fortunately, most companies also realize that fanart serves to strengthen their fanbase and ultimately their revenue, and only go after the people that don't credit them properly.
What it really boils down to, is anything not explicitly covered, you don't have a right to. That includes reproduction, derivative work(changing a couple little things), re-sale(big no-no!) and so on. When in doubt, ask the artist. This is all why, for instance, when I offer coloring services, I require written permission from the original artist before I'll do any re-inking or coloration. Because the person asking me to add the color almost always doesn't own the rights for alteration, and I *certainly* don't.
EDIT: One other thing occurred to me-- buying a print is essentially the same. Buying the print gives you a specific usage right, and nothing else unless specifically conferred. You can't reproduce the print, re-sell it, show it to people for money, and so on. The only real difference is that with a commission, you have some say over the finished artwork, and you usually get a bit more out of it, rights-wise.
Good gouge! That should be stickyed somewhere!
View the story of W.A.R.F.A.C.E. and Septimus Bane here: http://www.fanfiction.net/s/6785073/1/Meus_Profiteor#
my email chrismfears99@yahoo.com
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Anytime!
It comes in handy having an artist who had required classes in copyright law in the house.
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...who then pokes in and gives the much more long-winded version.
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Good gouge! That should be stickyed somewhere!
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A sticky would probably be a bit more tacit approval of commissions than the Mods want to deal with(sort of like how we don't post rates on the boards). I've been meaning to write a short FAQ for my own website on the subject, though.
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Good gouge! That should be stickyed somewhere!
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A sticky would probably be a bit more tacit approval of commissions than the Mods want to deal with(sort of like how we don't post rates on the boards). I've been meaning to write a short FAQ for my own website on the subject, though.
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PLAYERS GUIDE FOR THE ART WHOOORE?
View the story of W.A.R.F.A.C.E. and Septimus Bane here: http://www.fanfiction.net/s/6785073/1/Meus_Profiteor#
my email chrismfears99@yahoo.com
God...looks like we got another aspiring art......
I have to say, though...Su Lin nailed it, perfectly.
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God...looks like we got another aspiring art....
I have to say, though...Su Lin nailed it, perfectly.
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I have no problems with the connoisseurs. they keep food on my table.
Speaking of, I'm glad you liked the summary. It's nice to know all that tasty, tasty debt to get through school got me somewhere. XD
Not being a LAWYER type.....but knowing when something seems like it could be touchy...........
If you commission and purchase a piece of art to be drawn, painted, whatever of your character, do you own the rights to it?
If you do, I still think you should be required to recognize the artist.......as well as get his or her permission before posting it or sending it into fanart like the ones that used to end up in the back of the comic book.
However, I have no clue......what is
1. The legal limits/requirements
2. The moral obligations (if thats the correct descriptive words) of those that commission the art and post it or submit it for display.
View the story of W.A.R.F.A.C.E. and Septimus Bane here: http://www.fanfiction.net/s/6785073/1/Meus_Profiteor#
my email chrismfears99@yahoo.com