Character Designs used Commercially - Response/Discussion
7 years ago
General
-- DEVIANTART -- WEASYL -- SOFURRY -- TWITTER -- BLUESKY -- So one of my friends,
jarmenj posted a journal proposing an interesting question which I will link and quote below.
Link: https://www.furaffinity.net/journal/8704366/
This is a topic of contention: If somebody or a company approached you and asked if they could model something after your character directly, for example, your character has unique bits and a toy was proposed to be designed off of it: would you take the opportunity if you will be given royalties?
Think of it in the character owner's shoes and then the people they know or their following. Would all hell break loose, or do you think friends / followers of the character owner would be supportive?
I want to take this one step further and ask why your thoughts are what they are. And I want to do this to sort of prevent any sort of just jumping into the deep end because of the self gratification this sort of offer could bring and that simply a lot of people would just jump at this opportunity because it would be cool to have something commercially made after our character.
I am also curious if this sort of thing has happened in the real world and not between people that were friends initially.
I really want to suss out the thought processes people have in response to this.
jarmenj posted a journal proposing an interesting question which I will link and quote below.Link: https://www.furaffinity.net/journal/8704366/
This is a topic of contention: If somebody or a company approached you and asked if they could model something after your character directly, for example, your character has unique bits and a toy was proposed to be designed off of it: would you take the opportunity if you will be given royalties?
Think of it in the character owner's shoes and then the people they know or their following. Would all hell break loose, or do you think friends / followers of the character owner would be supportive?
I want to take this one step further and ask why your thoughts are what they are. And I want to do this to sort of prevent any sort of just jumping into the deep end because of the self gratification this sort of offer could bring and that simply a lot of people would just jump at this opportunity because it would be cool to have something commercially made after our character.
I am also curious if this sort of thing has happened in the real world and not between people that were friends initially.
I really want to suss out the thought processes people have in response to this.
FA+






On the same things, friends may be jealous or concerned about it, especially if they also have known that character. Especially in the RP sense.
As far as me experiencing this, I have not really had it happen IRL.
ANd then have you considered all the factors that might play into such a decision, it might be mutual gain for both of you, but it may also hinder you, especially if the initial product was not a commissioned item or something that you initiated.
[Jarmen and I already had hours of conversation on this topic, so I am trying to prevent confirmation bias and potentially force myself myself out of my own logistics]
I have considered the factors, and the decision still makes it a bit difficult to truly confirm.
(I see what you mean. It's not an easy decision as many would think).
Would the company offering make a difference, a large company versus a small startup, Was it originally created just as a gift and then you gave permission later.
Because my thing is, is that I would not feel I deserve or even did anything to warrant such an opportunity because everything done prior would have just been for personal enjoyment and not much more. i would have not done anything more than just create a design and get a bunch of commissions from artists I liked. Unlike a band which spent hours practicing or a painter who spent a lot of time learning their craft. This is not to say that time was not spent in the character creation, but that unlike Painters and Bands, it is just the one product where a painter or band might be constantly creating new works for the purpose of commercial use through a company of sorts.
Like one of the people who became Wizard of the Coast's lead background/scenic artist for Magic the Gathering, he spent years honing his craft and then got scouted at a convention where he just wanted to hand out prints for free simply to promote his art. But he has since then constant made new works at the behest of the company so he is "earning" his pay.
I don't know if my logic makes sense here.
It could, but if either a large company or small startup have good reputation as a business, then it should not matter as much.
I do relate to what you are saying here. Unless you have toiled in drawing the character and pushing out as much as possible for them, it could feel empty for oneself. Commissions and other pieces you get for your character feel like you barely deserve the credit aside from creating them.
That I can see as something that could make it feel like one can gain alot, both in earning that pay, and having the reputation as being an incredible artist.
It does actually. It just takes the right eye to notice whether or some something like this is what one deserves.
I do not blame you for that. Is something I would also struggle with.
In short, I would need to read the legal terms and conditions before I could officially draw any conclusions. When getting into business and legal stuff, things undoubtedly get messy fast. I would never be naive enough to expect perfection, but I would need to feel comfortable enough with the compromises myself and the company agreed to. Context just matters too much for me to answer the question vaguely like this; sorry if that's not the answer you were looking for.
ANd let's say there is no real legal signage, just someone wanting to make something because they appreciated they character design and then being able to sell it. And let's say the company is a one man team doing it as a self employed things on Etsy.
That should bring a little more context to it and no worries, I am kind of in the same boat with it falling into a grey area, but I already had this discussion in depth with Jarmen and it came down to a lot of different things and I am trying to leave exact details a little vague to prevent any sort of bias in whether or not it should be something someone does.
[I would say to go check on his journal and make a comment yourself, because I am did this journal as a sort of "control"]
I may check out that journal later and make a comment there too c: Thanks for sharing either way! Interesting thought experiment.
I mean a lot of people get a huge ego boost just from people saying they like their design, like the whole, I am happy someone recognized my hard work put into this design. But on the other hand I am like "I am glad you like it" and just kind of move on. I don't really have that sort of ego boost.
If that makes sense.
if it was a friend or a more collaborative effort as you described it would be different, but if was just you giving direction on it. Take it from the position of someone who is more a watcher/commissioner type, not a maker persay.
For me it is a matter of principle, not really attachment.
I would want to do something that I feel warrants the product being made. I was talking with another person and I could cure cancer and still feel unworthy of a Noble Prize, because I didn't do it for an award or anything, I did it for the better of humanity. But then I literally have nearly no ego to speak of, so I don' know.
I mean, if you were given this opportunity, why would you take and would feel that it was earned? And Why/how do you think it was earned.
Ignoring copyright laws for the sake of an example: The best way I can explain it is if I wrote a book and I sold that book and made money off of that book because I put the work and effort into writing, publishing, and marketing that book, and then someone goes and writes a fanfic based in the world *I* built, possibly even with the characters *I* created and developed, then they publish and sell it, then the money they're making isn't really their money, it's mine. Yes, they wrote their own whole story, and yes, their part of the work is entirely their own and they deserve to be credited for that much, but without me, they don't have the previous marketing to piggyback off of, they don't have the world the story takes place in to piggyback off of, and depending on the fanfic, they don't even have the characters to piggyback off of. This is why if they came to me first and went "Hey, your book REALLY inspired me and I wrote this book based off of it. Do you like it? Would you be willing to let me publish it?" I would read it, and if I agreed with it and liked it enough, I'd be like "Yeah sure! I'll make a small royalty for my part in inspiring you and the work I did previously that you'll be gaining from, just to balance that out, and the rest is yours!"
That's, at least under my understanding and the specifics of the scenario you and I have agreed upon, the exact same scenario here. I created and designed the character, and without my original design, there is no design to ask permission to use in a separate product - there's just square one, where the person can create the character themselves or go to someone else. I don't just give away my hard work and characters for free. In an ideal world I'd be all for sharing great things like that, but this is a capitalistic society, and being too generous screws you over in the end. If I'm putting in work and effort to sell my work in some way, shape, or form, then yes, I have absolutely earned the piece *I* put in the work and effort for regarding someone else's profit.
And while I admire your humility, I don't think it's healthy to not recognize your achievements either. In the example you offer about curing cancer, that prize is a symbol of your work, your effort, and the very thing you mention - the purpose that drove you to put in all that work and effort in the first place. Yes some people are assholes and take it as an ego boost that makes them think they're "better" than someone else, but that's just them being a dick. That prize would be yours because YOU cared enough about people to cure cancer - not for the prize, for the sake of curing cancer - YOU put in the work and effort and research and time to find that cure, YOU did that. So yes, you deserve to be recognized for that, because while you're not a better person, generally speaking, than other people for doing so, but you are the one who did that as opposed to someone else, and why should someone else get that award who did less than you for the cause YOU cared about when YOU did all the work to deserve it?
Hopefully that makes sense.
Like with my characters, I didn't make them other than that I made some characters which did take some creativity and thought, but again I did it for myself ultimately and in my free time. I'd be fine with selling designs or a usage fee, but I don't look to gain off things I did just because it was fun. I guess another analogy would be model rocketry or model building. Something I used to do as a hobby, and a lot of time I just gave that stuff away if someone really liked it, and sometimes I sold it. It really just depends.
I try to do more art trades than anything else and even then I have helped people design characters for free, granted I kept the work simple, such as designing a weapon or even some aspect of the character. I never did anything in color or anything like, but part of why I did it is that it benefited me and my skills.
I'm not a capitalist and unless I am hired directly to do work, I try to not take payment for something. And if someone asks about getting something made, I tend to ask what they are expecting and if it is just really simple I just do it, and I tell them that it may take a little time because I have a regular job and work a lot, but if it I'd free I am not stressing about it and generally they are just happy to be getting something. Plus I get to have fun in the process.
So I don't know.