Clear up things with submissions
10 years ago
General
Dragons we are standing on top of the mountain.
Reaching up to the skies with our wings.
Through the fire, ice, water, wind,
darkness, light and earth we get our strength and power.
We are dragons now and forever through our minds,
hearts, body and soul. Okey, one very nice person made such a drama as huge as universe just because we posted my friends art here with his character. Anybody else have pain to see artwork with your characters reposted in other places with all credits?
Are you kidding me, right? I hATE dramas. At all. Its stupied as ass.
But when I talking about "artist HAVE right on their artworks even if someones charactrs are drawen on them" I mean that artist can post it ANYWHERE he want. If only the owner of character asked to do not repost, its ok, I can understand thtat. Verstehen?
And this rude thing that this person made - see ya in the ban, sweety. Because this is the place for dragons, to HELP dragons, to be kind to each other and hold as goddamn family. Not to make drama from air ant set your VERY IMPORTANT OPINION as the last instant, okey?
So please, dont be rude. If you dont like something - just tell. We will discuss and find some solution. If you have anything to say just TELL. You have tongue and some social rules. Thats all.
Sorry, Im a bit nervous, because such kind of things makes me feel really bad physiclly.
Are you kidding me, right? I hATE dramas. At all. Its stupied as ass.
But when I talking about "artist HAVE right on their artworks even if someones charactrs are drawen on them" I mean that artist can post it ANYWHERE he want. If only the owner of character asked to do not repost, its ok, I can understand thtat. Verstehen?
And this rude thing that this person made - see ya in the ban, sweety. Because this is the place for dragons, to HELP dragons, to be kind to each other and hold as goddamn family. Not to make drama from air ant set your VERY IMPORTANT OPINION as the last instant, okey?
So please, dont be rude. If you dont like something - just tell. We will discuss and find some solution. If you have anything to say just TELL. You have tongue and some social rules. Thats all.
Sorry, Im a bit nervous, because such kind of things makes me feel really bad physiclly.
FA+


I think you did the right thing.
There's 2 parts to Intellectual Property (a.k.a. Copyrights): Paternity rights and Owners rights
Basically for paternity rights, the artist keeps all right for the creation of the picture (so nobody else can claims that the picture as been drawn by him). For owner right, someone who commission someone else buys the pictures AND the rights to use it as he see fit.
The law is written that way because otherwise every corporation would owe theirs employees and it would be a total mess
Now, corporations who HIRE an employee to create things (art, music, websites, whatever) for them - that's where the "work for hire" agreement comes in. They have usually signed away their copyright to work produced for the company and on the company time in their actual employment contract.
For example, if I create a graphic to go on a website, at home, on my own time, I own the copyright to the graphic EVEN IF it was done for a client who requested the graphic (unless I sign a "work for hire" contract).
If I create the exact same graphic to go on a website, at work, on work hours, my employer owns the copyright to the graphic, because I'm doing it within the scope of my employment and my employment contract specifically states this is the case.
As for the commercial right, I'll repeat what I said It's not that clear: It depends on what both side have agreed on and since there's probably no written contract it'll be very hard (open to debate, prosecution and else) to say who owns what.
In economic laws, it is vital that you understand this: the fair value of a transaction is what is paid at the moment of the exchange (that is what the stock exchange market is based on). So if I sell you a picture 2$, its value will be 2$ at the moment you'd pay it. If I don't say what's include and what it is not I will both in the wrong. Normally, for arts, it includes the material (files) AND support (canvas) AND rights to show it of (like any traditional artwork in an auction) because there's no particular status for numeric arts. I.E. Numeric arts is considered the same as traditional arts.
That said, it's no reason to not speak with the one that did the commission and agree on something. Also it's good publicity to have its artworks showed to many places (with credits to the author and links)
If you sell me a picture on a piece of paper for $2 what I have bought is only and exactly that picture on that piece of paper. I have not bought the rights to scan it and post it online, or to make prints of it on t-shirts to sell it to other people (because I have only purchased the original, not the reproduction rights). I can sell the physical piece of paper to someone else, but I cannot make copies of it (I do not have the right to copy - aka "copyright") to publish or sell elsewhere. And if I DID publish or sell copies of that artwork - at least in the USA, UK and other countries who have agreed to the Berne Convention - I could be prosecuted for doing so.
Now, if you sell me a picture on a piece of paper for $2 and I ask you in writing if I can make prints of it to sell and you say in writing that yes, you are giving me a (limited) transfer of rights to make copies and sell them, then that's what you've sold me for my $2.
And if I hire you as an employee (not a contractor) and pay you as an employee, then if you do $2 worth of art in the course of your work duties as my employee, the art is at that point "work for hire" to which I as your employer would have the right to reproduce, sell, or use as I saw fit.
All things considered, though, as an artist I do extend the courtesy of "Are you happy for me to post this to FA" when I take commissions where I have not explicitly stated in advance that I plan to post it. Upsetting my clients doesn't make good sense for me.
That say, you're right about the Berne Convention and I was wrong about a bunch of facts. It's a good read though, so I shall thank you for that.
This is why I'm careful, when I send people who have commissioned me the final piece, to say in words "You have my permission to repost this on your FA account if you choose to." I am explicitly providing that specific and limited right to publication to them.
And I agree - if the original artist WANTS to repost the piece somewhere else, they have the right to do it - it is polite to credit the character creator for sure, and also courteous to ask the character creator if they're happy to have it reposted, but it is not required.
- First of all, and perhaps most importantly, in freelance work the rights default to the creator if there is no contract stipulating otherwise. If a customer wants specific rights, like editing, reposting or commercial, or the rights to transfer those rights to a third party (including commissioned art in a character sale), they have to specifically request those rights be included in the sale.
- - A lot of artists allow customers to repost their work, maybe colour it or crop an icon out of it, but this is a COURTESY. The customer is not entitled.
- Prices matter. Industry standard prices for commissioned artwork is at least 10x what most furries charge, and I'm talking about skilled artists (please no strawman argument of "yeah well furry artists suck lol"). If you pay $20-200 for a commission, don't get a contract and go to court to lay claim to those rights anyway, any judge will tell you "What did you expect for that price?!" and throw out the case. The prices of furry commissions often barely cover labor, and definitely not the rights.
- Character rights; Unlike Pikachu, most furry characters are not registered and protected by law, but even if they were, when you commission someone to draw them you give them permission to draw them. Otherwise they can't draw them, obviously. But that doesn't automatically mean the artist extends rights of the image to the customer.
If you want to give away reposting rights, editing, commercial etc. that's entirely up to you. But unless the artist and customer agree otherwise, they default to the artist.
Some useful links:
http://11amdesign.co/new-blog/2013/.....-work-for-hire
http://aigasf.org/community/legalit....._digital_files
http://www.londonfreelance.org/feesguide/index.php?section=General&subsect=Rights+and+why+they+are+important&page=Advice
And I even add: when you ask a painting to a traditionnal painter, the painter gives / sell you the painting and when you receive it, you can give it or sell it as you want too if you don't want the painting any more. So, why this couldn't be done for digital drawings too? Just because that's digital?
So yeah, I totally agree with bleakDragoon. Or at least, for digital drawings, which can be copied as we want, the rights should be copied too. For the artist, and for the characters' owner(s).
Anyway have a *strong long hug* so you can calm yourself :)
He made a drawing for my birthday (and drew my character then, and he probably did the same to other users) and just because nobody wished him happy birthday, he asked for the removal of all those drawings made on our gallery and reported it to the admins to be sure they were removed.
All of this to say... I agree with you. The problem, I think, must be that FA doesn't provide for those kind of situations. Indeed, the artist have all the rights with his drawings, but if a character of someone else is drawn, the rights have to be equals. As an artist, crying because our drawing is posted in the gallery of the character's owner or in another with the character's owner agreement is a shame and really immature in my opinion, but from what I see, they would always have the rights to do so. =/
So stupid. ^^'
If that's the case, I can reassure you, my gallery is better without a drawing made by someone like this. So, I can reassure you, I'm fine with this.
It was just an explanation of what stupid things can be allowed to do by immature artists and should not be by the way. ^^
Otherly, I just noticed that I didn't understand the message well and that it's the character owner and not the artist itself who complained about the post of his drawing on FAdragons... That's... still weird and incomprehensible. If the artist wants his drawing to be posted elsewhere, it's obvious that he has the right to do it. =/
Well, yeah. I agree. ^^'
Not that I wouldn't have the rights as the copyright-holding artist to repost as I choose - but if it stops problems from happening, great!
not that my reditions can even touch the originals
or in any way be confussed with them
http://www.furaffinity.net/view/11731123/
You can repost it, if you like. :) I made it for RF's badges in 2013.
Bunnies, guinea pigs, and dragons make everything better!