Question related to the Syrae thread.

[torinir2.livejournal.com]

With the Syrae thread devolving into a copyright war of words, I figured it was time ask this question. I separated it from the Syrae thread since it might be useful for both artists and commissioners to take note of this discussion.

What are the rules of the land as far as commissioned artwork involving the commissioner's character(s)? I would assume that the commissioner has some recourse when dealing with works involving his/her characters, and the artist has some recourse available by default, but who has the final say as to who can do what with the finished product, in terms of alterations, etc? What kind of timeframe should a commissioner hold for approaching the artist for changes, and when would it be a DIY case?

I'm not talking about generic artwork commissions, I'm speaking of commissions involving characters whose "existence" predates the artwork being commissioned.

Comments

[nambroth.livejournal.com]

Yes, indeed! This is why I tend to parrot over and over how important it can be to have a contract before a dime is exchanged. Even an informal contract is good business practice, because it lets both the commissioner and the artist know exactly what is okay and what is not.

Though I may gently caution artists working in the USA- doing 'work for hire' IS legally different than commissions, and can be very different for your taxes too. It's really a good idea to check with your state's laws to see if you are legally obligated to draft a formal contract with your client (I know when I lived in GA this was steadfast law if you were going to 'sell' any rights) and also be aware the client may be legally obligated to fill out a 1099 form if the commission work is over a certain dollar amount.