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Author   Topic : "is it leagle to do commissioned art based on copyrighted cha"
Funk Master Kane
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Joined: 10 Jul 2002
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Location: CT

PostPosted: Thu Jul 18, 2002 8:29 am     Reply with quote
is it leagle to do commissioned art based on copyrighted characters. I need to know cause I just got a possible commision for one and I dont want to get in trouble for anything.
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Steelwind
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Joined: 24 Oct 2001
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PostPosted: Thu Jul 18, 2002 4:23 pm     Reply with quote
I don't think so, since you would be making money off of someone else's property. Although it does depend on whether or not the owner would really do anything about it, I mean look at all the Dragonball Z fan art out there (first thing that popped in my head...I work with a rabid DBZ fan).

I'd ask the person asking for the work if they were ever planning on posting it on the net, too.

Still, I'm not even close to being a lawyer, so I'd reccomend holding off on doing any work until the folks that know what they are talking about post.

Steelwind
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Sumaleth
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PostPosted: Thu Jul 18, 2002 5:24 pm     Reply with quote
It's not legal. But it's also not legal to spell 'legal' as 'leagle'.
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Freddio
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PostPosted: Thu Jul 18, 2002 5:41 pm     Reply with quote


yea should be cool.
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Gort
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Joined: 09 Oct 2001
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Location: Atlanta, GA

PostPosted: Thu Jul 18, 2002 6:13 pm     Reply with quote
If it's a commercial job...
Whoever is commissioning you should have a release form or agreement with the holder of the license for the character(s). If they do not then it's illegal.

But if it's a private job - say for a mural in a private residence...I wouldn't worry about it.

[ July 18, 2002: Message edited by: Tom Carter ]
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MadSamoan
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Joined: 21 Mar 2001
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Location: Moorpark,CA

PostPosted: Fri Jul 19, 2002 10:15 am     Reply with quote
Technically, no, it's not legal, but it's nearly unenforceable when it's a private commission and usually nothing comes out of it as long as it doesn't see mass production or is used for business applications. Many publishers don't have a problem with it within reason. A perfect example is the San Diego Comic-Con where hundreds of artists converge and often do private sketches of someone's favorite superhero for a nominal fee all within walking distance of the intellectual property's publishers.

The unspoken line is drawn when it becomes mass produced for prints, t-shirts, posters or a painted billboard on the window of a business. In other words, don't go printing up copies of a Spider Man convention sketch that Alex Ross (or you for that matter)did for someone and try selling them on Ebay. Marvel will set their foot down.

Another example is a friend of mine, Mike S. Miller, a comic illustrator who's pencilled Justice League, Superman, Aquaman, etc..
He takes commissions all the time, but when he mass produces limited editions of his art, he only prints up his own intellectual properties. You won't see any commissions of Marvel or DC characters in these books.
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2121947083&r=0&t=0 &showTutorial=0&ed=0&indexURL=0&rd=1

[ July 19, 2002: Message edited by: MadSamoan ]
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Funk Master Kane
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PostPosted: Fri Jul 19, 2002 9:40 pm     Reply with quote
thanks you guys, Im sorry for my spelling, it gets slopy when I rush it.
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