Question about Original Art
11 years ago
General
Over the years I noticed a trend in art commissions: many customers do not want the original art mailed to them, and are fine with a digital copy only. So what do I do with all these original pieces lying around? Ihave them in a drawer but I am not sure if I can sell them.
Since the customer does not want the originals, what is the protocol for selling them off? Am I allowed to do that?
Please weigh in.
Since the customer does not want the originals, what is the protocol for selling them off? Am I allowed to do that?
Please weigh in.
FA+

selling an artpiece AND the copyright that goes with it is *absolutely* not the same kind of price level as just selling the art piece itself (add a zero or two to the price).
getting the copyright that goes with an artpiece has to be explicitly stated in the contact you had with the customer (even if it was only a note on FA), so unless the customer asked you to get the rights too, you still own the right to the art itself
I know the saying goes that one man's junk is another man's treasure but if the character in the original art isn't yours, would you really buy artwork of said character? The only way I could see that happening was if said character was "pop-u-fur" or at least well known in the fandom.
But back to your question, if the commissioner refuses the right to ask for the original art, then I see no problem in selling it to an interested buyer.
But now you have peaked my interest. Who's this "pop-u-fur" gal that you drew?
Good Quandry question you have brought up, I too am now curious.
If you find any originals of me in your piles, I would definitely want them!
If they say no, explain that you cannot take responsibility for the art and insist they take it.
If they do not reply, set a deadline and say at the end of it that you will assume that the art is yours to sell
This way they cannot complain because you have given fair warning.
For photography, in general, all rights to a photograph belong to the photographer or studio that produced it. Any photo can be altered, re-used and republished. A model release form is not required but is recommended. Model release forms come in a variety of flavors but fall into two categories. The first is a irrevocable, perpetual, and unrestricted. This version is normal for paid models. The second type give the photographer only the right to use the image for self promotion and not publication ('Art Sales' may be considered self promotion).
I treat all my photos at cons as the second type. I would assume that your commission work would fall into that category unless you formally reassigned copywrite.
I've never read your TOS but I would believe it would be ok to sell the original as long as the commissioner did not explicitly state otherwise.
Unless you already have a definitive answer, kill with kindness.
Hi thrre, doing some cleaning. Found your old piece. You want it?
If I done hear back from you inthe next couple of weeks, I'll just auction it off.
Thanks again. Was great working with you ...unless, of course, it wasn't,
No response gets you off the hook... you honestly tried.
If you really dont want old art around, and someone is being a real middle-manager about it, just remember.... accidents happen.
... oh, I am so sorry about that, I thought it would be fine next to the sink with all the greasy dishes in it and well, that open window just pushed it right in.
Stalker problems forced me to "dispose" of anything and everything furry and/or art-related at one point, so I had to learn this in a self-taught crash course.
....so that would be a 'yes'.
Lifeless creepy creeps who get their thrill hurting others need to not exist ever.
So! I deleted most everything, started over and avoiding being seen with known furs.
.....and part of that meant re-homing or destroying ALL my art since I didn't have my own place at the time.
Speaking of cons you have your 2015 cons thought out yet?
I would label the art with the original commissioner in such a way that a matt would cover it and have a house cleaning.
Sounds like you already have the answer as to if it's legal, and I figure if it was clear they didn't want their originals they can't really blame you for selling them to others. And if people are willing to buy adopts and YCH type art where they have little to no input on the final work, I don't see why these originals wouldn't also.