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A new rule
18 years ago
From now on, anybody here that wants to commission me must understand that I LOVE POSTING MY WORK.
In the past I've had someone who makes me sign my drawings on the back of the images, and not on the frot, claiming that he likes to have them that way because he doesn't like the artist's name ruining the image when he frames them, Even though every great artist lists their fucking name on their art, apparently mine ruins the picture?
Hmmm...
Later on, I heard from other people that this person was claiming mty artwork as his own. This did not bode well with me. The person denied it, and said those people were lying, but admitted that he WAS claiming someone else's art as their own, because that person was offending him.
It doesn't help that on top of all this, I am not ALLOWED to post my work on any of my galleries.... even though he had it posted in hiw OWN galleries, not giving ANY CREDIT for them... and had a PROBLEM when I posted them on MY gallery on the SAME PAGE.
It's also funny how other people claim to have had the SAME problem with this guy...
SO THIS IS THE DEAL...
*With every commission I get from now on, unless the reason for not posting it is ACCEPTABLE BY MY STANDARDS (ex. if the purchaser wants to keep his fetish a secret, etc) I have the right to post it on any of my sites. Otherwise, forget it, I ain't doing your stupid fucking pictures.
But here's the deal... SHOULD I POST THE IMAGES ANYWAY and claim credit for my work? Should I sign the front of the pages anyway?
UPDATE!!!: I've sent the guy a note, basically asking him to pay $10 per image for exclusive rights for me not to post them. If he does not wish to pay the fee, I'm posting the images... That is all.
In the past I've had someone who makes me sign my drawings on the back of the images, and not on the frot, claiming that he likes to have them that way because he doesn't like the artist's name ruining the image when he frames them, Even though every great artist lists their fucking name on their art, apparently mine ruins the picture?
Hmmm...
Later on, I heard from other people that this person was claiming mty artwork as his own. This did not bode well with me. The person denied it, and said those people were lying, but admitted that he WAS claiming someone else's art as their own, because that person was offending him.
It doesn't help that on top of all this, I am not ALLOWED to post my work on any of my galleries.... even though he had it posted in hiw OWN galleries, not giving ANY CREDIT for them... and had a PROBLEM when I posted them on MY gallery on the SAME PAGE.
It's also funny how other people claim to have had the SAME problem with this guy...
SO THIS IS THE DEAL...
*With every commission I get from now on, unless the reason for not posting it is ACCEPTABLE BY MY STANDARDS (ex. if the purchaser wants to keep his fetish a secret, etc) I have the right to post it on any of my sites. Otherwise, forget it, I ain't doing your stupid fucking pictures.
But here's the deal... SHOULD I POST THE IMAGES ANYWAY and claim credit for my work? Should I sign the front of the pages anyway?
UPDATE!!!: I've sent the guy a note, basically asking him to pay $10 per image for exclusive rights for me not to post them. If he does not wish to pay the fee, I'm posting the images... That is all.
Some people sure are crazy :P
--Midori
But realistically thinking I would judge if the person I did them for had the power to actually sue me or not if I wanted to get into a face-slapping war. It hasn't come up yet.
I would just say.. yes. Do what you're doing now and adjust your policy.
Plus, if some random fur notices your sigiture on the drawing, and they love the drawing, then they might go hunt you down to drop their own commissions/praises down. =3
Post your work though, within reason. How else will people see the extent of your talent? The final product is as much your's as their's. Just use discretion.
Love your work, hate to hear of artists going through situations like this.
I know the feeling, though. I love sharing my art and would hate to obscure it for any reason.
If the commisisoner can't agree to those terms, then the pic won't get drawn. Period.
At least that's my opinion!
A. It is your artwork, you HAVE the right to sign it. NO IFs ANDs OR BUTs ABOUT IT!
1. If they don't want you to sign the front, then no picture for them. No sign, no service.
B. I agree with the conditions that you have stated about the posting.
1. I always ask the artist I got the commision from if I can post it. And I always give credit where it's due.
That is all.
Since this person tried to claim your work you should go ahead and post it.
Post 'em anyways after you charge him; he sounds like a real dick.
...What? I don't like mean people. And I hate liars.
It certainly sounds like you are being had. He admitted to art thieving another artist's work, but justified that because he wasn't on good terms with the artist. That is totally unacceptable. Art theft does not become good and acceptable in any terms - you are still stealing and claiming work that does not belong to you.
I think you should post the artwork. So far he has not been accommodating to the effort you have put into it. He has denied you to put it in your own gallery, but he is not keeping it to himself as he has put it in his own gallery without any credit or indication of the original artist. I think that is entirely hypocritical to any excuse for denying you to put the work in your own gallery.
I agree totally. I don't like the idea of art not being posted: feels selfish to me. I mean, the idea that there's a piece of art out there that is hidden from everyone makes me feel like the piece is being denied the right to exist. I know that sounds a little crazy, but it bugs me. Everyone's free to decide for themselves if they'll post their own work, but I've always had it stated on my page that I WILL post any art I do online, and that is non-negotiable. Only I can ever veto that, and only out of shame.
More importantly, they can't do shit about it. If it's who I think, they'll argue this, but the laws are quite clear: you own the copyright. For someone else to own copyright, you'll need a legal contract. In fact, a contract often isn't enough, as the law has general specifications. The piece should be part of a larger project created by the new copyright holder (so that the copyright of the whole project would supersede that of the individual art) or you should be legally employed by the new copyright holder. Otherwise, it's a trickier contract.
So in the end, the only thing this person can do is whine like a little bitch. It's your art still, he only borrowed your arm for a little bit. Also, if someone doesn't want you to sign the front of your piece, that's a big fucking warning sign that you should not trust this person.
He still owes me a couple hundred too to buy out my share of the deposit x_x
But in truth he seems to be trying to jerk you around.
I think if a comissioner has a specific reason for not wanting the art posted he should say so and come to an agreement with the artist.
Otherwise he looses all bitching rights afterwards....
nothing pisses me off more than finding something awesome, but never finding a source for it. EVER. (And then if you ask on let's say /v/ or something, they're all like lol japan. epic fail)
As has been stated, unless you explicitly state they have the actual rights to the image, they have no legal basis. Besides, who the hell would even risk a lawsuit?
"Your honor, my client paid Mr. Cownugget hard earned money for images of human-like animals eating each other!"
Judge: Wtf?
I will confess to colouring art I don't have permission for, but I do not post it anywhere- I do it as an excersize to make myself more skilled. I might share with a close friend or two, but I don't post it online anywhere without express permission of the commissioner and/or artist.
I say bollocks to it, post up your work. You're a fucking good artist, one of the best I've seen.
I like the cut of your jib.
The person posted the pictures on his own website, then on a public website, upon which I also had a gallery section. I posted the same pictures inside my gallery, and that is where there was suddenly a problem. I was told I needed to respect the wishes of the commissioner, but I fail to understand why the pictures had to remain unsigned with NO credit given to the original artist (NONE of the pics in his gallery had credit, BTW).
Th latter two pictures (recently finished), I'll admit, WERE done under the whole "yeah sure, I'll sign my name on the back and never post them because I need fucking money" pretense.
:D
By not signing the artwork, you are setting yourself up for art theft, if not by the commissioner itself, then by the random others that copy and paste the images from wherever it posts them and then they claim the work to be their own when they, in turn re-post it.
None of this commissioner's demands of you or their explanations sound safe. I'd highly suggest not doing further business with them until a more balanced agreement can be made.
Regarding the posting of images, I think you should abide by whatever agreement you had with your client. If you agreed that you would not post them, and you accepted money after agreeing to that term, then I don't think you should post the images.
If your client is in breach of your agreement, then of course, I say all bets are off.
Of course for any new images, to protect yourself, by all means I think you're right to insist on higher prices for his demands (or to refuse to do any further business with him). But honor your agreements; your reputation is more valuable than whatever more you'd charge for those pics. Consider it a learning experience.
Or else post 'em.
...And this guy admitted to posting other people's art as his own because he was mad at them...? He's probably going to say the same thing when he decides to say your work is his too. :-
as for whether or not you should post it...i think that yeah, unless they have a thing about keeping it a secret, they shouldn't have a problem with you posting your own art, even if they commission you for it... they aren't paying for a copyright, they're paying for the license to own a piece copyrighted by you... you still retain intellectual rights to the image, if i am understanding copyright laws right... so by that token they should be happy you will at least consider not-posting it for them...
remember, now that you're "out" ;) you can be a asshole~~~ just not too much of one---
My intention is to find out whether or not I'm being lied to and cheated. If that is the case,I could give a shit less what "deals" were made; I'll be posting and signing the images (as I should rightfully do anyway). Hell, posting the commission isn't even a PUNISHMENT for the injustice I've received.
Works Made for Hire under the 1976 Copyright Act
What Every Publisher Should Know About the "Work for Hire" Doctrine
Basically, unless there is a written contract stating that the commissions are "works for hire" and fall into one of nine specific categories ("as a compilation" would be the closest, I think, and only as part of a gallery of works, not an individual piece), then the creator of the work retains all copyright to the work.
So, feel free to post anything you own without fear that you're either breaking the law or committing an immoral act. You're the copyright owner, and you're also free to negotiate for copyright control, or licensing.
If you transfer copyright to him, keep in mind, they'll be his, and he will be considered the author for purposes of copyright. He can remove your signature (and alter the works in any way he wants) and place his own copyright notice on them, and claim them as his own.
As an aside, as frequently as this seems to pop up, I'm very surprised that there's not a set of pre-made contracts that everybody uses, in which terms of use are distinctly spelled out, and are there for the protection and understanding of all parties. Something summarized in plain English with a full legal contract, similar to a Creative Commons license