Advice needed for selling prints!

[roxyfur.livejournal.com]

Hey guys! I have a question regarding selling prints of artwork I have done, but as commissions.

Is it legal for me to do this? And is this commonly done? Does this look bad on me as an artist? I haven't ever sold prints before, so I really have no idea. I haven't sold the customer the copyright to the image, just charged them for rendering the image like is typically done. Some of my commission pieces I would like to sell as prints at a future con because they turned out really well.

(I would obviously ask the commissioner if it's okay with them, since it's their fursona in the picture.)

Thanks!

Comments

[roxyfur.livejournal.com]

The word "freelance" is never mentioned in the article you linked, except once when it excludes freelance workers.

I am also not an independent contractor, which the article speaks of.


Directly from the text:

"A work created by an independent contractor can be a
work made for hire only if (a) it falls within one of the nine
categories of works listed in part 2 above and (b) there is a
written agreement between parties specifying that the work
is a work made for hire."

None of the art pieces I would sell as prints do not fall into any of the nine categories that would qualify it as work for hire under the part b bit. The big part being, none of my works are "supplementary" works, such as an illustration in a textbook or an article in the newspaper.

You are severely misunderstanding what work for hire is.

[fawkatronic.livejournal.com]

"Independent contractor" is the official term for freelance.

Or as wikipedia puts it:
"Independent contractor" would be the term used in a higher register of English.

[roxyfur.livejournal.com]

Still. Even if you wanted to consider me an independent contractor, any of my artwork I intend on selling as prints do not fall into the 9 categories listed in your link (not even remotely close to any of them), AND the commissioner and I did not both sign an agreement saying that the work was a work for hire.

[fawkatronic.livejournal.com]

Perhaps you should re-read my first post in this thread about how it applies as supplementary work.

[roxyfur.livejournal.com]

You are misunderstanding what a supplementary work is.

"A supplementary work is defined as a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendices and indexes."

(http://www.copyright.gov/eco/help-author.html)

So no, none of my porn pieces are supplementary works.

[fawkatronic.livejournal.com]

People posting the piece on FA, DA, or any other website is publication. And it would be created to adjunct the original work that is the persons character design.

[roxyfur.livejournal.com]

Just no.

The artwork is not prepared for them to publish online, it's made for them to view. As the creator, I obtain the rights to publishing the piece anyway. I give them permission to put it in their gallery, but that is only because I give them that. Not because they have any right to.

You're trying to twist words around here and it's really not working. If you're not going to read into what you're saying, then I'm not going to speak with you any longer.

I've done my research and determined that I have the legal right to sell prints of artworks I have created, regardless of whether they are commissioned pieces or not.

[fawkatronic.livejournal.com]

When I commission art it is not for me to "just view" it is for me to publish and use as part of my character.

If I commission an artist for a statue, I get the statue, it is not "well you can come into my gallery and view it anytime you want"

I am not twisting words. I am simply stating how the laws apply to this type of situation.

You say you did your research but you did not even know that freelance and independent contractor are the same thing.

I have done my research. I understand how laws work and how they apply.

[nisaetus.livejournal.com]

Unless the contract between the artist and the commissioner explicitly states that rights are turned over, the artist retains all of those rights. Period.

[thecreativepen.livejournal.com]

I don't think you've read anything the OP or Neolucky has explained to you. I would reread and understand everything that has been explained so far, so that you can have correct information.

[fawkatronic.livejournal.com]

I read what they said and what they have stated is wrong, as explained by my posts.

[neolucky.livejournal.com]

This is off topic, we have entire posts for this in our copyright tab, again please read them to brush up on your knowledge. You've had plenty of time to figure this out, and were given solid links and explanations as to the laws and how they apply. You are choosing to ignore the source material and argue your point, which is misinformed.

Take this to pms, this is an unofficial warning. Continue, and it will become an official one.

[thecreativepen.livejournal.com]

It's not, but I can see I'm not going to sway your opinion on the matter. So I'll agree to disagree.

[sigilgoat.livejournal.com]

An independent contractor must be made an independent contractor WITH a contract. Work for hire also requires a contract. Period.

You are spreading misinformation.

Source: Being an independent contractor for a variety of companies.