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Commissioners have NO rights to their Commissions?
11 years ago
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Grammar isn't my Slice of Pie. Especially if its Not Pecan.
Toaster So, we pay your rates to have our ideas drawn with our characters. Even if 100% of it all is from us, we the commissioners have NO rights to the image?
I completely understand that we can't sell or make money off of something we didnt draw, or change the image. But we can't color sketches or linearts or post it in our galleries WITH credit?
Im a little loss with this.....
How is something we PAID for not ours in ANY way?
And reposting it in our Galleries..WITH credit....isnt this free promotion desired?
If people know who drew the image and its posted by the commissioner and it draws extra attention to you.....isn't it counter productive to prohibit reposting by the commissioner?
If your really afraid of nobody knowing where the art came from, and theft, make it a habit to attach a Link back to your gallery. Include your name/username.
Some artists have even smartly painted in Watermarks so they can't be removed without ruining the image.
C'mon guys and gals.
This is all just me, feel free to agree, tell me how wrong I am, make conversation..
Have a Good day! <3
I completely understand that we can't sell or make money off of something we didnt draw, or change the image. But we can't color sketches or linearts or post it in our galleries WITH credit?
Im a little loss with this.....
How is something we PAID for not ours in ANY way?
And reposting it in our Galleries..WITH credit....isnt this free promotion desired?
If people know who drew the image and its posted by the commissioner and it draws extra attention to you.....isn't it counter productive to prohibit reposting by the commissioner?
If your really afraid of nobody knowing where the art came from, and theft, make it a habit to attach a Link back to your gallery. Include your name/username.
Some artists have even smartly painted in Watermarks so they can't be removed without ruining the image.
C'mon guys and gals.
This is all just me, feel free to agree, tell me how wrong I am, make conversation..
Have a Good day! <3
If a work is commissioned, and PAID for with MONEY, then the commissioner holds rights to that image.
It's like going into a store, and buying an artwork on a canvas or something, and then when you get home, you go to put it on the wall, but then the artist calls and says "uh, hey man, you know that painting you bought from me today? Don't display it. Just put it in a closet or something. Or I'll prosecute you.".
Ridiculous.
But I do think that the commissioner should at least hold SOME rights to the image. Since it is paid for, it is THEIR idea (technicalities applied) its with THEIR character design (technicalities applied), how can we have all rights taken from us?
Its almost like taking credit and rights to an idea.
Far as Im concerned its a transaction, product for money.
The only right they have is to put a signature in the corner.
We did PAY for it, we did come up with the character and the subject matter, we just pay people to draw it.
So yes, I do think we DO have rights to the image, and I'm a little sick of artists who act like their rights supersede ours.
But I think Watermarks like
MMH YEAH BUTTER MAH BUSCUITS.
Just not my commissions.
Frankly, if creative control always stuck with one party, things like Star Wars and Star Trek would've never gotten off the ground just because the owners "visions" were terrible to begin with and had to be severely tweaked to make them sell. Although, to be fair, I could've been okay with Han Solo as a Fish Monster and Chewie as a giant dog...
But as somebody who PAID for it, Ordered the idea, and supplied the character, my rights to the image should be valid.
My character that I designed and own is in the picture, it was MY idea that was drawn + many other elements that I ordered are in the picture.
How can I have NO rights?
I believe certain things shouldnt be done - Selling the art for profit, claiming I drew it, altering such things like removing the artists signature, posting unwatermarked full rezes.
These are dick moves
I mean, I never heard of an artist worrying about that, unless the commissioner orders it to be private.
And I like that, you acknowledge the commissioners rights
Secretly I'm really bad at coming up with ideas to draw so I like to do commissions because people have the most incredible imaginations and I like to be part of that :D
As a product its hard for anyone to restrict your rights sort of like a book as long you aren't claiming it as your own..
As idea then yes the artist would retain a number of rights sort of like a movie. Arguments could be made because the character still belongs to the commissioner, this is counter-balanced by any TOS the artist might have
When it comes to line art and stuff though, that's where it gets iffy for me. Like, I don't really mind people coloring lineart I do for them.. but I can also kind of see where buying lineart and then getting it colored elsewhere would be something some artists wouldn't like.
First of all, it could mean money out of their pocket. If you can just buy a lineart sketch and go get the coloring/hard parts done somewhere else. Second of all it just seems kind of rude to me. xD Like you don't like that artists coloring? I guess that;s ok but it might hurt their feelings a little.
Just my opinions.
I don't mean to be a jerk about it, but that's how I view it. It's a business relationship, and just as much as any other business relationship with a contract the original intellectual property belongs to the owner and source.
Lemme explain how it works when I do book covers (and this is directed to everybody).
Client approaches with an idea and we hash out details.
I do the work, get paid, everybody is happy.
I KEEP THE COOYRIGHT FOR THE IMAGE.
The client gets limited reproduction rights. This means they are allowed to use it for their book or any promotional items. Contracts almost always come with a date of termination. This usually means the rights are good for two or three years. Want to reprint the image eight years later? You have to get my permission.
THIS IS A STANDARD BUSINESS PRACTICE.
Unless, in the contract, it is written the artist has to give up copyright, they keep it. Want full copyright? That's a 320% fee on top of what you paid.
An artist can usually make prints of the work. They can't sublicense (just as the company can't sublicense without asking their permission) because it's really shitty to use the same image for somebody else's project.
Aaaand THIS is why contracts are a good idea for work.
So~ loooong tangent BUT artist holds the copyright. Clients gets to use it for purposes laid out and agreed upon ahead of time. Everybody's happy.
And as far as those artists saying you can't post it, their loss on publicty.
And now I feel like Im on that list XD
But I guess Im more aiming for something smaller in scale, just art commissions for simple ideas and porn staring your character(s).
Not particularly aiming to Make any profit or sell something; books or a series of any sort.
So just Commissioner pays to have their idea and character drawn, then they wanna post it in their gallery on the same site, Crediting the artist that did the work. Thats it, end of story.
But then things go south and it becomes a big business thing were I have No right to just simply post it and show it off, linking back to the creator of the media. I have to go through this things were I have no rights to the image of my idea featuring creations I made unless I buy the FULL rights for possibly 5times as much as was charged to just make it.....
IDK, just for me it seems like abit much for stuff like this.
Reposting the image would be something agreed upon before the commission is started (and generally that is a silent term that people agree to). If someone would want you to pay to post the image to your galley, I personally wouldn't commission them. I made my comment more towards those that feel artists don't have any rights to the work when it is complete. The thing that makes it sticky is that ideas and characters cannot be copyright or trademark unless they are a logo for a company like Mickey Mouse or are part of a large work such as a published story. But that all gets very technical.
I guess what I am saying is an artist shouldn't have a problem with someone reposting a commission with credit. The artist does hold copyright over the image (comment directed not towards you!) and that should be respected just as much as the artist needs to respect the fact they are drawing the intellectual property of another person.
And I know FA commissions are on a smaller scale from, say, a book cover but I feel all work needs to be treated equally to protect client and artist. It's just a good habit to get into.
Beyond that...it's video game logic. You buy the same commodity (usually entertainment) in the same way (a copy, except when buying the original piece of paper) and are only given the same (a license to use it which can be revoked by the creator.)
It's a foolproof system designed so that the creator may screw over the client without repercussions, at least in theory.
Most of us just want to buy an artists time to make an idea for our characters. BAM, thats it. Then we'd like to show it off WITH proper credit and good name and mention to the author that make the image.
But then they charge in with suits and bring legal practices into it over a repost, even WITH proper credit.
Eh, I just dont get it.
And this is just for smaller art. Not like we plan to make money off of it or are planning to use it for a huge project, or anything like that. *Shrugs*
"Academic politics is the most vicious and bitter form of politics, because the stakes are so low."
Same thing with furry art.
I'd only be miffed if there wasn't credit or people claiming the work was there :/
But the lineart and sketches one is what confuses me- I personally love seeing people colour my line art or turn my sketches into finished pieces, it's interesting to see how a different colouring style or line style makes your work look so much different.
Which ever artists you're talking about sound awfully nit picky :/ I've always maintained the stance of hey if I've drawn our character do what you want with the image -bar making money from it upload it, print it out - make it into a party hat what ever tickles you're fancy. :)
The straight answer is Fuck No.
Most of the worlds great art was done by commission, with the artist not having control of his art after it is complete. But clearly some artists don't understand that letting people come and admire your art, spread it around a little to show off is the greatest thing for you!
Then again, perhaps its better to let these artists keep such silly practices. That way less people decide to commission them. You won't change someones mind usually, until your hurting their pocket book.
But everyone's different :3