[identity profile] growing-rose.livejournal.com posting in [community profile] artists_beware
So I pose some questions out of sheer curiousity.

1. Random Furry McFandom 01 comes up to you. You've never heard of them before, so you know nothing good or bad about them. They are a neutral entity spawned of their love for cartoon animals.

They ask you to draw your character with them. Any of your characters, with theirs. The situation of the subject matter is neutral. Them relaxing or something. (If you like, reply with your response to a sexual or violent situation as well.)

What would you do in this situation?


2. What do you think of some artist's policy that they require the owner of any characters in a picture that are not yours give permission to draw them?

Does it depend on the rating they ask you to do? What if the person says that it's a gift and they want to surprise their friend, and the rating is safe?

Discuss, please. :3

Date: 2006-08-30 01:32 am (UTC)
From: [identity profile] zoom-gas.livejournal.com
1) i wouldn't do it for free
2) Hummmmmmm...I don't know...good question.

Date: 2006-08-30 02:13 am (UTC)
From: [identity profile] zoom-gas.livejournal.com
Yeah, I don't see much harm in the first one. I mean, if it was something sexual, I'd probably refuse, but it really depends on the artist.

Date: 2006-08-30 01:32 am (UTC)
From: [identity profile] avi-via-vai.livejournal.com
I would have to ask why someone would want their character drawn with someone else's character unless the other party was either a friend and/or an RP partner from somewhere. If not, then I'd contact the owner. Some people are protective of their characters and would rather not have them used, even if it is relatively innocent. At the very least I'm sure most would simply want consent.

Date: 2006-08-30 01:38 am (UTC)
From: [identity profile] razzek.livejournal.com
1. Warn him that, if he doesn't give me more specifics, the finished piece most likely will be strange, random and odd in nature. If he still wants the commission, I gladly accept (and several people have enjoyed what's come out on the paper).

I don't do anything sexual (I don't consider tasteful, creatively censored nudity sexual), so there's never been a problem with that. If someone ever did ask, though, I would have to refuse.

2. With the exception of an image being a gift to the person who's character you've been asked to draw, I alwas want permission. I think of it from the point of view of the character's creator: I'd be a bit bothered, even if the piece is non-sexual, to come across art of my character without ever having been asked if said creation could be used this way. It's just common courtesy to get permission from the creator.

If it's going to be a nude or sexual image, permission is an absolute must. It's not worth upsetting and disrespecting someone just for money.

Date: 2006-08-30 01:39 am (UTC)
From: [identity profile] vulgaris.livejournal.com
1.) Depends entirely on how you feel about that situation happening. A lot of furries are not only fans of mainstream cartoons and animals, but they may admire a character made by another furry. If you don't mind that sort of thing, go for it. If you do, obviously, politely decline their offer. The same applies to work of all "ratings". Offended is offended. Not is, not.

As far as I am concerned I will draw my characters interacting with another as long as it is within the boundries of that character's personality. I tend not to have them doing anything they wouldn't do.

2.) I have that "policy" and I bend it more often than not. I have it simply for people who might try to commission me for hate-art or something of the like. I judge this case-by-case. If the person seems legit, go for it.

Date: 2006-08-30 01:39 am (UTC)
From: [identity profile] aaaamory.livejournal.com
Is there something about this situation that is unusual and concerning?

I also don't know what this means, it's not clear because I think some words are missing: "What do you think of some artist's policy that they require the owner of any characters in a picture that are not yours give permission to draw them?"

Could it be reworded to say, "What do you think of an artist's policy that goes like this: that they require the owner's permission to draw characters that are not yours?" Is that what it means? What does it have to do with the current situation if the character that isn't theirs is yours?

As long as it's okay with you to draw your own character with the commissioner's character, it's fine. I do it.

Date: 2006-08-30 01:48 am (UTC)
From: [identity profile] aaaamory.livejournal.com
I've done art meant to be a gift of other people's characters without their knowing. I've also recieved gift art of my own character that I didn't know about until I got it. The artists got paid. The only issue was whether, in the end, once the other person has seen the art, if they want their name on it, or if they'd have issues with reproductions. That hasn't been an issue for me, but some artists have an Exclusive Art policy, and that's artwork that's sold at a modified price (either they'll sell the entire print run to the commissioner or charge a slightly elevated price for the art) since the artist will promise not to circulate the art. Especially if the commissioner wants art to be private.

Date: 2006-08-30 01:45 am (UTC)
From: [identity profile] fareme.livejournal.com
1. As long as it's nothing offensive/sexual, I wouldn't mind. I think some fans like to be 'seen' with a certain character/representation of an artist they like. If it IS offensive/sexual, hells no. :P

2. I think it varies on that one. The bulk of my commissions are gifts from the commissioner to another person. If it's obvious that the two have a friendly relationship or connection, I have no problem with that. If I know them both, all the better. However, if someone asked me to draw their character with, say, a popular artist's character in the fandom without having any connection at all to that person aside from liking their art, I would probably decline or ask the commissioner to ask the character's owner first.

Date: 2006-08-30 01:50 am (UTC)
From: [identity profile] xianjaguar.livejournal.com
1. They ask you to draw your character with them. Any of your characters, with theirs. The situation of the subject matter is neutral. Them relaxing or something. (If you like, reply with your response to a sexual or violent situation as well.) What would you do in this situation?

Sure, if they're willing to pay me for it. I'll draw my character with their character in a neutral setting, but they'll be charged the standard rate for a 2-character full color commission, IF I'm even accepting commissions at the time.

However, I will NOT draw my character (or anyone else's!) in a sexual situation, since i do not draw sexual situations at all. It's also highly doubtful I'd draw my character in a violent situation either.


2. What do you think of some artist's policy that they require the owner of any characters in a picture that are not yours give permission to draw them?
Does it depend on the rating they ask you to do? What if the person says that it's a gift and they want to surprise their friend, and the rating is safe?


It really depends on the situation and if I know the people. Though, i must say, I've gotten requests for other people's characters to be used as gifts for them before, and I've accepted 100% of the time, because in all cases, I've been fortunate enough to know the parties involved, so I felt comfortable doing it.

I guess if someone came to me and said it was a gift, and the subject matter was neutral/G or whatever, I'd pretty much always say 'yes'.

*IF* i drew sexual situations (which I don't), then I'd require consent from the other person as well to use their character, just to be on the safe side.

Date: 2006-08-30 02:27 am (UTC)
From: [identity profile] xianjaguar.livejournal.com
You're welcome.
That WAS a funny picture. It pretty much sums up my thoughts about most of the pics out there too.
I have no idea how people can find some things 'sexy'. Ugh! They just make me go ERFFFFFFFF!

Date: 2006-08-31 02:25 am (UTC)
From: [identity profile] duraji-synth.livejournal.com
Aww, I never saw it, and I can't find it, either... please show it to me? ^^

Date: 2006-08-30 02:21 am (UTC)
From: [identity profile] ursulav.livejournal.com
1. Not taking commissions. However, if it's a sketchbook at a Con or something, I've done it. Since I do a webcomic, people frequently ask for those characters as sketches, and now and again they want a character in a particular situation, or interacting with their characters. S'all good. I'd draw the line at porn, but nobody's ever asked for that. (Which is funny, because I'll often be drawing very tame little sketches in a sketchbook riddled with very explicit material, but hey, none of my business...)

2. I'm for it, but I'd be pretty flexible on that situation. As a surprise gift, yeah, I'd do it, if I were taking commissions at the time.

Date: 2006-08-30 03:21 am (UTC)
From: [identity profile] izzyferret.livejournal.com
1. Do it for him, if I'm feeling generous, or tell him I'd have to charge for a commission.


2. I think that it depends. If it's a copyrighted character, I would only do it at a request, not a commission, and it would have to have a PG rating. If it's just another fur's character, I'd want to get permission. If they said it was a friend, then I'd probably do a little looking around to see if there was at least some link between them and they weren't just saying they're friends with, say, Max Blackrabbit or someone like that.

Date: 2006-08-30 04:03 am (UTC)
From: [identity profile] taasla.livejournal.com
1. Well, first I'd be a little confused as to why they'd want their character with Arc. She's the only character I really work on as she is me. Then if I felt the situation they had in mind was do-able, then perhaps I would.

If they wanted porn, then no. Flat out no.

2. I'd do a little snooping around first. If I feel they aren't lieing, and not just being weird, then I'd accept.

Again, if it's porn, then no.

Date: 2006-08-30 04:04 am (UTC)
From: [identity profile] caelum.livejournal.com
1: For a perfect stranger? No. I might draw their character alone for money, but mine and theirs palling together would give the impression that we were real-life friends, and I really don't go for that. And for sex/violence --definitely not.

2: I think it's perfectly reasonable. It's one thing for me to draw a pic of, say, Naruto as fan art, as long as I don't claim I made him up. But if I want to draw a pic of Frisket, I'd ask permission, especially if I wanted to display it online. As for a gift, I'd send it to them in private before I did anything else with it.
(deleted comment)

Date: 2006-08-30 06:12 am (UTC)
From: [identity profile] thaily.livejournal.com
1. I don't draw my character with other people's characters for money, not for friends and especially not for strangers. I'd feel like I'm whoring Thaily out :/
I may do it as a gift, but not for money, and I'm too busy to draw gift art for strangers. Not sure why I'd wanna draw them with Thaily either.
I might start a "cheap" character lateron and then draw them with people's characters on request, but they'd be created for that purpose.
2. I have that policy ;D
As I said before, I wouldn't want other people to draw Thaily willy-nilly either so I'm merely showing others the same courtesy.
If it was a gift I'd have to see an obvious link between two people, they have to obviously be friends or mates etc.

Date: 2006-08-30 09:23 am (UTC)
From: [identity profile] schnee.livejournal.com
1. I'd say "sure - that'll make $AMOUNT dollars, please". :)

2. Characters aren't copyrightable, but asking for permission is always nice, of course. Still, if it was supposed to be a gift or a surprise, I'd do it.

Date: 2006-08-30 10:16 am (UTC)
From: [identity profile] thaily.livejournal.com
2. *sigh* Here we go again...
Yes they are and I'm not talking about trademark. You -can- copyright characters, and even those who aren't officially registered are the intellectual property of their creator.

Plus it's just not nice to play with someone else's toys without asking first.
If you want other to respect your character and not draw your character eating out the shit-encrusted anus of a puking babyfur with dicknipples then don't draw other people's character without permission, it's common courtesy.

Date: 2006-08-30 10:26 am (UTC)
From: [identity profile] schnee.livejournal.com
A) You cannot copyright characters. What is copyrightable (and copyrighted, of course) is individual representations of a character - specific pictures, for instance. But the character itself cannot; it can only be trademarked.

B) The term "intellectual property" does not have any meaning. There's copyright, there's trademarks, and there's patents, but these are very distinct concepts with very specific meanings. Putting them all together as "intellectual property" is misleading, especially since - as you may remember - copyright and patents at least are only temporary, anyway, so the term "property" is highly misleading.

C) If you had actually read my post in full, you would've noticed that I did say that it's not nice to use someone else's character(s) without getting permission, too. I do acknowledge it's not illegal, but that doesn't mean I think it's OK. OK?

Date: 2006-08-30 10:35 am (UTC)
From: [identity profile] thaily.livejournal.com
A) Yes you can, ask Ahkana, she copyrighted her characters and has the official papers to show it. The reason most people don't do it it because it's a laberous process.

Date: 2006-08-30 06:57 pm (UTC)
From: [identity profile] banrai.livejournal.com
Yes, you can. (http://www.publaw.com/graphical.html")

Date: 2006-08-30 10:23 am (UTC)
From: [identity profile] skanrashke.livejournal.com
1) Sure, so long as it ain't for free> I don't wanna draw their stinkball character stinkin up one of my perfectly good ones ;) Souls cost money!
2) Depends on the situation. While its not nice to assume people dont mind, if you draw them, at the very least, send it to them and say "I made fanart 4 uz! B/C I <3 youz! ..btw, is it okay if I post this in my gallery?". Thats pretty decent of 'em, in fact I'd probobly give them some artz in return for being so straightforeward about it. But thats me.

Date: 2006-08-30 09:16 pm (UTC)
From: [identity profile] obliviousally.livejournal.com
1: My usual response is that I don't draw for free.

2: If it's a gift and the character's going to be mostly clothed, I don't have a problem with it. Past that, I need some kind of permission from the character's owner.
(deleted comment)

Date: 2006-09-03 11:04 am (UTC)
From: [identity profile] centauress.livejournal.com
Wouldn't a tattoo be fair use as it's not for sale, cannot be transferred beyond their person, etc?

What are you going to do, sue a tattoo parlour for using an image without your permission? How exactly would a third party go about 'protecting' unknown content owners without infringing upon content owners' rights?

Date: 2006-09-05 06:29 am (UTC)
From: [identity profile] quoting-mungo.livejournal.com
1. Basically, give them a total and say I expect to see the money in my PayPal account (or whatever is appropriate for the situation -- I take cash at cons, obviously, and I don't use PayPal for adult art) before I start work. B♥U♥T&hearts...
a) If it's adult, it depends on if they ask for a specific character. Some of my characters just don't do the sex thing. And my personal character only gets drawn in adult situations when I want it, thankyouverymuch
b) If it's adult it also depends on theme/situation. If someone just kind of randomly went "I want porn of my character with one of yours", they'd probably get assfucked with a strap-on by my equidragon. :P I don't do a lot of "out there" fetishwork.
c) Hell, it depends on theme/situation anyway. If people want me to draw them in a "oh look we're best friends" situation with one of my characters, or want pregnant characters in there, I'm probably going to say "tough deal" anyway because it'd weird me out. (I consider pregnancy fetishwork. Some people clearly don't.)
d) Violence is off. I don't do gore. I can't do gore. Even my "violent" moody venting drawings are just snarly things with claws and shit.

2. I say I require owner's permission, but if people ask nicely, I usually let it slide for things like gift art. I won't do non-personal characters if I can identify them (think Zig Zag or Sabrina) without contacting the character owner first. And I'm more likely to let it slide if I have a date ("soandso's birthday is on January 24th and I want to surprise them with this") because then I can always contact the owner and make sure they at least get to see the picture after that date.

I actually saw someone try to commission someone else's character in a sexual situation with theirs at a con. Only reason I say "try" is because the commissioned artist happened to spot that character in someone's print book and go "I was just commissioned to draw this character". The artist, as I recall, was not happy, because the character in question was a clean one.


-Alexandra

Date: 2006-09-05 07:13 pm (UTC)
From: [identity profile] neolucky.livejournal.com
1.) No. I don't draw my characters with anyone elses, even if a g-rated situation. You never know the intent of the client, and I wouldn't just give one of my characters away willingly to somone elses heh. If violent or sexual, then definatly not.

2.) No. Even if they claim it's a gift, I've run into these situations many times before and they usually turn out *really* bad. Sometimes they are gifts and that is fine, but most of the time they are not.

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