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IMPORTANT NOTICE
12 years ago
It's come to my attention over the last week, that a few of you don't understand your rights as my clients when it comes to the works I create. This is understandable and mostly my fault, as I don't have a clearly posted ToS at the moment (This is being worked on as we speak. I'm just trying to make it as understandable as possible before I put it out), so I've decided to go into the basics.
When it comes to property rights on my pictures, I default to US copyright law, unless stated directly elsewhere. This set of laws for rights is AUTOMATIC when something is created, unless those rights are negotiated for before the image is created. Simply enough, I retain ownership over the image I've created. You commissioned it's creation, but that doesn't mean it is now completely yours to do with as you please. There are many rights I allow my clients with the works I've created for them, however, and I'll quickly run through those.
1. You are allowed to post the image I created wherever you like, provided you do not remove signatures or watermarks I've placed on the image and you properly credit me by linking back to one of my galleries, except where detailed below.
2. You are allowed to modify the piece to create user icons, as long as I am credited for the artwork.
3. You are also allowed to ink and color the artwork YOURSELF as long as I am credited as the creator of the piece. I would like to be asked as a courtesy if you're doing this, however, simply so that I know it's happening and won't be surprised if the finished piece pops up. Sometimes, a client's username doesn't match what they go by when commissioning me, and this just prevents mix ups of an embarassing nature.
4. If you want to blow up the artwork to user it as a poster, or a t-shirt for yourself, go for it. Hell, I'd like to see a picture of you wearing it or hanging it.
That's actually a great deal of freedom, to be honest, without paying for full copyright and ownership of the image itself. There have been some people, though, that have pushed not only my personal feelings with the use of my artwork, but the law itself. So, I'm going to clearly state some of the bigger things you're not allowed to do with my artwork.
1. You are not allowed to sell, reproduce, or exhibit my artwork for profit. Period. If the gallery you're posting to has a pay subscription business model, both you and they are violating my rights by exhibitng it there. This also includes using it as promotional material FOR any money making venture.
2. You are not allowed to let someone else to modify my artwork without my expressed, written approval. This approval will NOT be gotten through notes/IMs. You MUST contact me at my e-mail address avianfoxproductions[at]gmail.com from now on.
3. If you did not commission the piece and you are not featured in it, do NOT ask me if you can modify the works I've created. I will just say no.
4. If you would like someone else to color a piece for you, I must approve of who is doing so before any work begins. I retain all rights to deny who is modifying my artwork. The client MUST contact me at avianfoxproductions[at]gmail.com to seek this approval. If someone contacts you, my client, and says they have my approval to ink, color, etc a piece I have done for you, they are lying and I would like if you brought this person to my attention.
This is just a short, basic list until I have my full ToS posted for all to view. This doesn't mean the ToS will be more restrictive, it will just simply go into further detail than I have above.
Until I have that ToS posted, if you would like more information about your rights under US copyright law, please feel free to e-mail me at my business e-mail avianfoxproductions[at]gmail.com Subject: Copyright/ Attn: Skylor Forscythe. He views this account as well, and understands these laws and rights even better than I do, so he'll be able to explain them to you very clearly and simply.
Thank you for your time, cause I know the above was a bit to read.
When it comes to property rights on my pictures, I default to US copyright law, unless stated directly elsewhere. This set of laws for rights is AUTOMATIC when something is created, unless those rights are negotiated for before the image is created. Simply enough, I retain ownership over the image I've created. You commissioned it's creation, but that doesn't mean it is now completely yours to do with as you please. There are many rights I allow my clients with the works I've created for them, however, and I'll quickly run through those.
1. You are allowed to post the image I created wherever you like, provided you do not remove signatures or watermarks I've placed on the image and you properly credit me by linking back to one of my galleries, except where detailed below.
2. You are allowed to modify the piece to create user icons, as long as I am credited for the artwork.
3. You are also allowed to ink and color the artwork YOURSELF as long as I am credited as the creator of the piece. I would like to be asked as a courtesy if you're doing this, however, simply so that I know it's happening and won't be surprised if the finished piece pops up. Sometimes, a client's username doesn't match what they go by when commissioning me, and this just prevents mix ups of an embarassing nature.
4. If you want to blow up the artwork to user it as a poster, or a t-shirt for yourself, go for it. Hell, I'd like to see a picture of you wearing it or hanging it.
That's actually a great deal of freedom, to be honest, without paying for full copyright and ownership of the image itself. There have been some people, though, that have pushed not only my personal feelings with the use of my artwork, but the law itself. So, I'm going to clearly state some of the bigger things you're not allowed to do with my artwork.
1. You are not allowed to sell, reproduce, or exhibit my artwork for profit. Period. If the gallery you're posting to has a pay subscription business model, both you and they are violating my rights by exhibitng it there. This also includes using it as promotional material FOR any money making venture.
2. You are not allowed to let someone else to modify my artwork without my expressed, written approval. This approval will NOT be gotten through notes/IMs. You MUST contact me at my e-mail address avianfoxproductions[at]gmail.com from now on.
3. If you did not commission the piece and you are not featured in it, do NOT ask me if you can modify the works I've created. I will just say no.
4. If you would like someone else to color a piece for you, I must approve of who is doing so before any work begins. I retain all rights to deny who is modifying my artwork. The client MUST contact me at avianfoxproductions[at]gmail.com to seek this approval. If someone contacts you, my client, and says they have my approval to ink, color, etc a piece I have done for you, they are lying and I would like if you brought this person to my attention.
This is just a short, basic list until I have my full ToS posted for all to view. This doesn't mean the ToS will be more restrictive, it will just simply go into further detail than I have above.
Until I have that ToS posted, if you would like more information about your rights under US copyright law, please feel free to e-mail me at my business e-mail avianfoxproductions[at]gmail.com Subject: Copyright/ Attn: Skylor Forscythe. He views this account as well, and understands these laws and rights even better than I do, so he'll be able to explain them to you very clearly and simply.
Thank you for your time, cause I know the above was a bit to read.
I think it only applies to new stuff. I will have to email from now on.
*chuckles*
Towards Nate; My apologies for not asking your permission, before asking to color two of the pieces created for TlaiLaxu.
In short, you weren't violating the law or anything like that. However, it was a violation of the user agreement on conduct from when the work was commissioned. A much less serious issue than than the entry above makes it out to be because of mistake in...well, formatting is really the best word for the mistake made.
hope this journal helps!
http://www.furaffinity.net/view/3000162/
When I pay for work to be done, I want to get full ownership of the finished work.
I've never seen a carpenter say "I'll craft your dinner table, but you have to ask me which tablecloth you are allowed to put onto it." When I decide to screw a fifth leg onto it or paint it green, it's my decision.
I don't see why commissioned artwork should be handled any different. I pay you to craft a product for me, and when it's finished, it's mine. Sure, if I'm proud of what I got, I'll tell others by putting an attribution link to the submission, in the same way that I'll recommend others to buy from the same carpenter.. but he can't legally force me to recommend his services.
Or with artwork.. if I had the money to buy a Picasso and decide to cut his signature out, it's my right to.
The determination must be made if it was a work you created solely on your own, or was it a work created at the request of another. Commissioned works are, by definition, works made at the request of another. That means it's a "work made for hire." According to Title 17, Section 201 of the copyright code:
(a) Initial Ownership.—Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.
(b) Works Made for Hire.—In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.
The telling point is the statement, "...unless the parties have expressly agreed otherwise in a written instrument signed by them..." Without the ToS you're currently creating, and the commissioner's knowledge of these terms with their signature or other affirmative action attached acknowledging they understand the terms, anything you create at the behest of another actually belongs to them. Now that you've created your ToS, and make sure everyone who commissions you acknowledges it in some form that you can keep on record, then you're covered as copyright owner of the work. But the ToS can not be retroactive. For those people who have commissioned you prior to this point, it's quite possible they do indeed own what you made for them, and can do with it what they please. I'm sorry to say it, but that is the copyright law.
This journal is for those that have commissioned me as a reminder, and for any future dealings.
Nate just saw a problem with the above that was not corrected from when this was initially written. There is another paragraph that was supposed to be separated out in this that was not. This mistake gives the impression that he's explaining US copyright law in a certain way, when that was not the intention at all. When he gets back, he will be posting another journal with this correction made, and leaving this one up for referencing back so that everyone can see the mistake that was made.
Transparency is very important to Nate, so there will be no "hiding of journals" or anything that you might see from others.
Have a nice day!
If there is a problem please let me know. Other than that, I completely agree 100% with what you have listed above. Its only courteous!