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Wondering duck...
15 years ago
Hello folks,
I, like every responsible member of this site, have read over the SA (Submission Agreement) as it has changed in the time I was away. There was something in it which I find...odd.
It states, "..., submissions uploaded must be of your own creation or must have been created expressly for you (and then, only posted with permission from the original artist(s))."
Its the part in brackets that I find perplexing.
In essence this is saying that If you pay someone to create art for you, you cannot upload said art to your page without the permission of the person you paid to make it. I'm not sure why such a stipulation was added. If I were to hire someone to build me a home; then the home is mine, to do with as I wish. Why does this not apply to commissioned art on FA? Especially when copyright in such a situation falls to the "employer" or commissioner and they legally become the "author".
I'm not trying to make waves or upset the established rules, because once you click upload, your agreeing in full to the Submission Agreement put forth but the site. Demz da rulz.
All that being said, if I have EVER created a piece of art for you, then consider it yours, do with it what you will. You hereby have my permission to post it, print it, sell it, edit it, slather it with marmalade and eat it. Whatever you want.
Thanks for lending me the soap box, we now return you to your regularly scheduled porn and smut.
Wonderduck
I, like every responsible member of this site, have read over the SA (Submission Agreement) as it has changed in the time I was away. There was something in it which I find...odd.
It states, "..., submissions uploaded must be of your own creation or must have been created expressly for you (and then, only posted with permission from the original artist(s))."
Its the part in brackets that I find perplexing.
In essence this is saying that If you pay someone to create art for you, you cannot upload said art to your page without the permission of the person you paid to make it. I'm not sure why such a stipulation was added. If I were to hire someone to build me a home; then the home is mine, to do with as I wish. Why does this not apply to commissioned art on FA? Especially when copyright in such a situation falls to the "employer" or commissioner and they legally become the "author".
I'm not trying to make waves or upset the established rules, because once you click upload, your agreeing in full to the Submission Agreement put forth but the site. Demz da rulz.
All that being said, if I have EVER created a piece of art for you, then consider it yours, do with it what you will. You hereby have my permission to post it, print it, sell it, edit it, slather it with marmalade and eat it. Whatever you want.
Thanks for lending me the soap box, we now return you to your regularly scheduled porn and smut.
Wonderduck
That being said, I always ask anyway. It's kind of an unwritten rule. It's polite.
To own what an artist creates, you also must pay for the rights to his work.
American copyright is weeeird, but some of the most protective to artists.
As for the second sentence.. If you ask me, I think the copyrights are a little of kilter.
However, if you ask the original spirit of the copyright law-
It's like this... Early days of Disney, A guy comes up to Walt and tells em, "Hay, I'll give you 50 Bucks for a drawing of Mickey with his hand raised." And Walt goes SURE and doodles it up and hands it to the guy.
Well, Without copyright law, That drawing would be the guys right? Say this guy decides to alter it a bit. Pen in the logo for his burger joint over Mickey's raised arm. Mickey is now endorsing Burger Joint, even if Walt thinks the food's terrible and never would do such a thing.
With copyright law, in order to do that, They guy has to tell Walt "I want a doodle of Mickey, and I want rights to him." THen Walt could charge a more fair price, if any.
However if you go to the artist with a specific and clear idea of what you want, then you would in most instances own the finished product. It all depends on if the law sees you as an employer or not. Did you request a service? Or a finished product? If you consider that your just paying for a service then yes, you own nothing. But if you pay for the image, then you own copyright. If I commission someone I consider it an image I'm paying for, not just the "service" of having my character drawn.
As for the Disney example:
Copyright doesn't give you the rights to the character, just the specific piece or work. If it gave you the rights to the character, and the artist has the rights to the commissioned work as you say, then the first artist "you" commission would then own "your" character.
In a case like you sighted it would come down to how had the best law team. And ya know Disney is gonna win that.
Also, when building a home, the wording is normally "I want you to build a home for me." where as when commissioning, the wording is normally "I want you to draw x" ... 'for me' is normally never mentioned, though often times thought to be implied.
But unless the artist in question turns around and accuses the user posting the art of doing so without permission, I don't think it'll be a problem.
For great cartoon comedy, you need to look to the Venture Brothers, the Boondocks or South Park. Dig up episodes of Duck Man or Home Movies and King of the Hill.
I should write a cartoon journal... hrrmmm
Cuz' I ate all the art I got from you. But I used jam.
You son of a bitch.
PD: sorry for my bad english!! TToTT
by way, your Oc and gallery is very original!!
Incidentally, do you prefer your marmalade with rind or without?