As far as I know even if it's someone else's character, they are basically signing "trademarked" rights over to said artist for creative license and commons. All artwork produced by said artist is theirs fully and legally unless otherwise stated through legal binding contract. And said rights to most artists art is and should be on a higher pay scale then most personal based client commissions.
Even if you were to pay the artist for the picture of your character and then turn around and trademark said character and so on. Legally you handed over those said usage rights when you paid the artist to draw said character.
Is using commissioned pictures in bad form? I don't personally think so. Artists especially ones who work private commissioner/personal based are always in need of extra funds and a great way to bring in extra revenue is those prints.
I have a clause in my TOS also stating that I hold all rights to said artwork I produce and am able to redistribute as I see fit. I do not claim any said character, but claim full rights to my work including distribution.
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timeasmymeasure
no subject
Date: 2012-12-23 12:25 am (UTC)All artwork produced by said artist is theirs fully and legally unless otherwise stated through legal binding contract. And said rights to most artists art is and should be on a higher pay scale then most personal based client commissions.
Even if you were to pay the artist for the picture of your character and then turn around and trademark said character and so on. Legally you handed over those said usage rights when you paid the artist to draw said character.
Is using commissioned pictures in bad form? I don't personally think so. Artists especially ones who work private commissioner/personal based are always in need of extra funds and a great way to bring in extra revenue is those prints.
I have a clause in my TOS also stating that I hold all rights to said artwork I produce and am able to redistribute as I see fit. I do not claim any said character, but claim full rights to my work including distribution.
Edited for typo