[identity profile] quescostumes.livejournal.com posting in [community profile] artists_beware
I've recently heard of an artist who is selling prints that contains other people's characters. The art and style is her own, and the art with characters are either gifts or commissions. The prints for sale include the original piece uploaded to art sites, without any recoloring or hiding others' characters. Should people buy these prints, it's basically making money off of others' designs, right?

It's not okay, right? Is it legal? Rude? Or just frowned upon?

How should someone handle this kind of situation if the artist in question is a friend?

Any advice, A_B?

Edit: Thanks everyone for your very useful replies! :)

Copyright

Date: 2013-01-25 11:52 pm (UTC)
From: [identity profile] bluestar20337.livejournal.com
But the major example I've been given in classes I've taken is this:

If an author gets paid to make a work for someone else, the person who pays for making the work (for example, the author's employer) will often get to own the copyright instead of the author him/herself. For example if a person working for a company like Microsoft creates a new computer software program at work, the Microsoft company would own the copyright.

You, the commissioner are paying some one else to make a work of art for you. You are paying them to make the work for you. Therefore you hold the copyright, not the original artist, unless specifically stated when commissioning, asked at a later date, or in a public TOS.

Personally, this is the way I run things. I ask permission before using their commissioned art in portfolios, and ask when I wish to use a commission as an example piece for other commissions.

Re: Copyright

Date: 2013-01-26 12:03 am (UTC)
From: [identity profile] oceandezignz.livejournal.com
Your example is an example of "work for hire." Large corporations or other entities who want to retain all rights generally A) contractually bind you into the agreement that what you are creating for them belongs to THEM. They generally will give you portfolio rights (or credit) in the process of negotiations. B) PAY FOR THESE RIGHTS. There's a reason logos and the like usually are paid in the quadruple+ digits, to compensate for the loss of artistic rights to the work, on top of services rendered.

A furry with a pink gshep can't pay $10 or less for a piece of art and claim copyright of the body of work.

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