A small beware

[revadiehard.livejournal.com]

This is my first time posting here and my first time dealing with this sort of issue so I apologize ahead of time if Artists_beware is not the right place to put this. (also new to LJ cuts and embedding links and stuff lol)

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A friend of mine showed me a screen cap of a flash commission he was getting from the artist Bololo www.hentai-foundry.com/profile-bololo.php(nsfw. Links to Hentaifoundry)



((Just a few minutes ago my name was put into the description. That issue is resolved.))

Art in question www.hentai-foundry.com/pic-79967.html (nsfw)

I noticed that the head looked awfully similar to mine in the ref sheetwww.furaffinity.net/view/3297484/(nsfw) that I did for Eradragon (the commissioner and my friend). I asked if Era could message Bololo and ask him to include my name somehow in the flash, even if it was in the description of the submission. Era said he would and messaged Bololo and never got a reply back(this was around August 21). So recently I found out that the commission was complete and was curious to see if the artist ended up mentioning me somewhere.

Seeing that he didn't add my name (resolved) I decided to send an email to Bololo myself. img844.imageshack.us/img844/8373/gmailarequestpygmyhippo.png

The reply that I received was not what I expected and really wasn't something I wanted to see. Era sent an email to Bololo asking to put my name in the description and confirming that I was the one who sent the email, Bololo replied with "Sure, no problem." and updated the description.



Though things have been resolved with my issue I still felt it needed to be said that since this artist is now known for heavily reffing img704.imageshack.us/img704/274/derpt.gif and charging for it that this might be somewhat of an issue.

Comments

[kayla-la.livejournal.com]

I approved this, but you'll need to fix your links. You want to use < a href=""> tags for HTML. For instance. < a href="linkhere">Angrybeavers< /a> without the space, or you can just paste the links by themselves and LJ will automatically make it a link.

[revadiehard.livejournal.com]

Thanks much! So used to FA and DA lol.

[misteroffense.livejournal.com]

All of her stuff looks traced or "heavily referenced" (in other words). All the faces in her animations are eerie...like she traced over photos of people. That never comes out looking right.

[thaily.livejournal.com]

Save for the traced head, that thing is a fucking atrocity O_o
I wouldn't want my name tacked on that, I'd file a DMCA to try and have it removed.

[ducttapeninja.livejournal.com]

^ This. The whole flash just looks really strange in terms of style (In fact, the only thing that looks at all not-creepy is the trace of the OP's art. I mean, the faces on those two birds just really creeps me out for some reason.

Plus, I work at a McDonald's, so that makes it worse for me. 8C

[thaily.livejournal.com]

And yet, you've probably had worse customers than those fucking.. things..

[oceandezignz.livejournal.com]

Please refrain on commenting on the artistic quality/value of pieces posted here to artist_beware.

[oceandezignz.livejournal.com]

Thaily, remember, regardless of the artistic quality of the pieces posted here, you don't comment on them. Critiques belong in places like smartsnark not here.

this may clear things up

[bololo4.livejournal.com]

this may clear things up-


when a artist is commissioned to create a piece of art that is going to be used in a compilation the commissioner retains ownership of the art not the artist-

Works Made for
Hire Under the 1976
Copyright Act
http://www.copyright.gov/circs/circ09.pdf


I could not credit you at your request as you did not have any legal rights to the image

but i did credit you at the request of the copyright holder

Re: this may clear things up

[shukivengeance.livejournal.com]

Incorrect. An artist freelancing is not "work for hire" and rights are retained by the artwork's creator unless there is a contract expressly stating otherwise.

Re: this may clear things up

[bololo4.livejournal.com]

one exception is if the work is part of a collective work

the artwork in question is part of a collective work using multiple artists

Re: this may clear things up

[shukivengeance.livejournal.com]

Selective reading is not helping your case.

"a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire."

Was there such a contract?

If not, you committed blatant copyright infringement.

Re: this may clear things up

[bololo4.livejournal.com]

i am a 3 party and don't have access to any private contract documentation
though the burden is not on me

Re: this may clear things up

[shukivengeance.livejournal.com]

Yes it is, because you took work you did not have the rights to and used it without permission from the copyright holder - the artist.

If you are going to claim that you did nothing wrong it is up to you provide proof that backs up this assertion.

Re: this may clear things up

[bololo4.livejournal.com]

I am not claiming anything

I was telling the artist why i went a roundabout way to add their info

The artist never accused me of copyright infringement

anyone who compares the both entire images would see why the images are so diffrent im going to assume that you did not even look at the images

Re: this may clear things up

[shukivengeance.livejournal.com]

You said that the piece was work for hire, which is not the case, and you have no proof to back up what you're saying.

Re: this may clear things up

[bololo4.livejournal.com]

It seems you just want to argue Accusing me of copyright infringement then immediately changing the subject. I am ending this discussion.