Pattern Commission Advice

[glacidea.livejournal.com]

Guttentag, first time poster here. I was asked today for a commission I never have been asked for before. Now I am no stranger to commissioning and have been taking them for a few years now. I've had my fair share of screw-ups and becoming overloaded, making all the usual commissioning mistakes, but I've gotten into a good tempo now. Recently, I've been making and selling patterns, just to try something new. I made a MLP one and a dino and such. I just do it as a side hobby to bring in some extra money every now and then.

I received an email today asking to commission a pattern from me. I had never thought of taking pattern commissions before and so I am baffled as to what to do. I was thinking cost for how many pieces it would be, extra cost if I am unable to sell it normally, there should be something about commercial use, etc etc. I've never done anything like this before, so I would greatly appreciate advice and tips, plus pricing information and such.

I make plush, which is obvious from the above paragraph (examples here: loneplushieinfo.webs.com/ so you can judge based on my skill for like...pricing). My commission prices are usually in the 150 to 300 range and obviously a pattern won't be NEAR that much. So yes, just all advice and everything will be GREATLY appreciated <3

Comments

[neolucky.livejournal.com]

I agree with the above, I'd decline it frankly. However I'd also be very careful with selling patterns of someone else's IPy. It feels a little in the 'wrong' to sell mlp related patterns =\. If you're not then no bigs, but if so, I'd just tread carefully. Plushies feel like a grey area in the fanart-market-business to me.

[neolucky.livejournal.com]

Er I meant I.P. (Intellectual property) not IPy lol, oops.

[kadaria.livejournal.com]

I was wondering about that too since Pokemon and MLP are copyrighted characters. I thought we had a similar issue with someone making Pokemon scarves and getting upset when another artist did the same thing.

[glacidea.livejournal.com]

I know the Pokemon/Nintendo company is VERY aware of our selling custom plushies and they actually support and encourage it because it is another way of advertising. As long as we don't claim them to be official and make sure it's obvious that it' a custom, they're cool beans. Most of Japanese brands share this view. America is much less supportive, but I know that Hasbro was aware of a popular Transformer artist selling transformer plushies she made and really didn't care. Most often, if you don't claim it to be yours, then they're not going to waste hundreds of thousands in lawsuit dollars on one isolated instance. Plus at cons, sometimes the official people are there and they must be aware that at the artist alley tables, there is tons of fanworks being sold and they sometimes even buy those works, so yeah.

I didn't advertise my pony pattern strictly as a MLP pattern. I say that it's a pony pattern and that it works really well with MLP characters :3 the example is actually the naked pattern and then I show that I used it to make PinkiePie. So there's that.

And anyone can make Pokemon scarves, though I could see it being irritating to have another artist making your same thing.

[glacidea.livejournal.com]

I know the Pokemon Nintendo company is VERY aware of our selling custom plushies and they actually support and encourage it because it is another way of advertising. As long as we don't claim them to be official and make sure it's obvious that it' a custom, they're cool beans. Most of Japanese brands share this view. America is much less supportive, but I know that Hasbro was aware of a popular Transformer artist selling transformer plushies and really didn't care. Most often, if you don't claim it to be yours, then they're not going to waste hundreds of thousands in lawsuit dollars on one isolated instance.

And why would plush be any different than sold 2D artwork? Sculptures, Plush, 2D works, cellphone charms, etc, it's all the same if it's not something you own and you are selling it. Plushies just take more time.

I don't advertise my pony pattern strictly as a MLP pattern. I say that it's a pony pattern and that it works really well with MLP characters :3 the example is actually the naked pattern and then I show that I used it to make PinkiePie. So there's that.

[neolucky.livejournal.com]

I'm hoping you're not taking offense to this, it's not intended.

I'm quite aware of everything you've stated - I realize that some companies let things slide and consider it free promotion. -However-, it's still a grey area, and still technically illegal (If I'm wrong, anyone's free to correct me!) Japan is one thing, America is in another. You are in America producing sellable patterns for something thats trademarked/copyrite material. (Are you not in the US?) Is it still a "custom" once more then one of that item is produced? I feel like via selling the pattern, it no longer can simply be called a singular custom and goes into the realm of "mass produced".

I feel sort of like you're using the "Japan thinks it's OK!" as an excuse to hide behind the legality. Also, It's not any different then 2d work, I'm not claiming that =). It's a form of fanart, I realize that totally. I personally am not a big fan of seeing fanworks dominate the market but I realize it is pretty lucrative.

Ah...I think you're advertising your pony pattern pretty clearly as an MLP pattern. You have pinkypie in the image, granted it can be used for many many other things and thats fine but the initial usage looks to be MLP.

Just please proceed with caution. You'd be surprised how fast people can get Cease-and-desist letters for something that they think is supported when its not. I'm not trying to hamper your business, but give you a little of advice about IP. If anything, you could shoot off an email to any of the Reps for Nintendo and Hasbro and get their thoughts on it!

I'm also speaking as someone who's been there and done that in the world of selling fanart works, both on commission and to quite a few conventions. Not trying to be hostile! Just helpful as it's becoming increasingly more of a risk for artists to rely on fanart items for sales. And with plush works, they seem to get targeted a bit quicker because they're a higher dollar item.

[glacidea.livejournal.com]

Alright, talked to a friend who knows Copyright laws in and out. It turns out a LOT of companies turn a blind eye to us making customs because of the LABOR that goes into it. Labor vs dollar amount means that most artists aren't truly making a profit. Companies make factory/machine produced things for fast production and profit off little effort. We make money NOT because of the character, not because it's a Pikachu or Rainbow Dash, but because of the labor that is put into it to make it look as well as customs do. As long as your work is not being passed off as official, it is okay.

[neolucky.livejournal.com]

Oh! Also, I see you're selling Poptart cat patterns...did you ask Prguitarman for permission?

[glacidea.livejournal.com]

I did send him a note about it, dunno if he got it, but he frequents the chat I go to, so next he's on I'll ask him. I've only sold one, so if he has a problem, I'll just give him the 7 bucks xD everyone just wants pony and stego.