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Topic : "is it leagle to do commissioned art based on copyrighted cha" |
Funk Master Kane member
Member # Joined: 10 Jul 2002 Posts: 63 Location: CT
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Posted: Thu Jul 18, 2002 8:29 am |
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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 member
Member # Joined: 24 Oct 2001 Posts: 70 Location: Northeast USA
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Posted: Thu Jul 18, 2002 4:23 pm |
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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 Administrator
Member # Joined: 30 Oct 1999 Posts: 2898 Location: Australia
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Posted: Thu Jul 18, 2002 5:24 pm |
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It's not legal. But it's also not legal to spell 'legal' as 'leagle'. |
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Freddio Administrator
Member # Joined: 29 Dec 1999 Posts: 2078 Location: Australia
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Posted: Thu Jul 18, 2002 5:41 pm |
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yea should be cool. |
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Gort member
Member # Joined: 09 Oct 2001 Posts: 1545 Location: Atlanta, GA
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Posted: Thu Jul 18, 2002 6:13 pm |
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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 member
Member # Joined: 21 Mar 2001 Posts: 154 Location: Moorpark,CA
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Posted: Fri Jul 19, 2002 10:15 am |
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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 member
Member # Joined: 10 Jul 2002 Posts: 63 Location: CT
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Posted: Fri Jul 19, 2002 9:40 pm |
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thanks you guys, Im sorry for my spelling, it gets slopy when I rush it. |
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