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Avali IP and you.
6 years ago
General
So, It's come to my attention recently that people were selling Avali digital merch online. So I feel like maybe i need to remind people about what you can and can't do with Avali stuff.
From a legal perspective, as their creator, the Avali are my intellectual property. Which is to say, outside of normal parody/fair use rules, nobody else can technically use their name or likeness for, basically anything. But in practice I waive most of those rights:
You can:
* Recreate the Avali on any platform you want, without my permission
* Make fan creations in any shape or form that use their name and likeness. (Yes that includes OCs)
* Make/receive paid commisions for those fan works
* Receive donations (ie. Twitch donations, Patreon) and the like for content that feature Avali.
* Have Avali appear incidentally in promotional material (ie. NeoVR's steam store page)
You cannot (Without my explicit consent):
* Create assets for commercial use. For example a store product, where users each pay for the right to use it individually.
* Sell merchandise that uses their likeness or related iconography that is not directly commissioned by an individual.
* Falsify legal information (ie. Claiming to hold the IP rights in negotiating any of the above)
Now, what if you yourself, HAVE made Avali related content? - Well I am also granting you rights, which as the original creator of your derivative work would also fall to me to dictate.
* Once a work is created, it must be distributed freely from then on. Payments can only be in the form of original commission or donations, not usage license.
* You have the right to dictate the distribution of that creation. ie. Which persons may use it, what platforms it be distributed on.
* You may also dictate whether that creation can be modified and/or redistributed itself.
* You are responsible for for upholding the last 2 rules. If your works ends up beyond your control, it's not my mess to clean up ;)
Last but not least, I reserve the right to change the above terms
I know there was some drama lately relating to an author taking commissions for GMod PAC3's, and while I think the author handled the drama that ensued very poorly, I believe that content creators should retain the right (For the most part), to decide how and where their fan works are distributed and modified.
/boring, un-fun Ryuujin talk.
EDIT: To stress "Without my explicit consent". If you have some project or thing going on you fear might fall afoul of those rules, just throw me a message and I'll have a look. There's already a few exemptions granted out there
From a legal perspective, as their creator, the Avali are my intellectual property. Which is to say, outside of normal parody/fair use rules, nobody else can technically use their name or likeness for, basically anything. But in practice I waive most of those rights:
You can:
* Recreate the Avali on any platform you want, without my permission
* Make fan creations in any shape or form that use their name and likeness. (Yes that includes OCs)
* Make/receive paid commisions for those fan works
* Receive donations (ie. Twitch donations, Patreon) and the like for content that feature Avali.
* Have Avali appear incidentally in promotional material (ie. NeoVR's steam store page)
You cannot (Without my explicit consent):
* Create assets for commercial use. For example a store product, where users each pay for the right to use it individually.
* Sell merchandise that uses their likeness or related iconography that is not directly commissioned by an individual.
* Falsify legal information (ie. Claiming to hold the IP rights in negotiating any of the above)
Now, what if you yourself, HAVE made Avali related content? - Well I am also granting you rights, which as the original creator of your derivative work would also fall to me to dictate.
* Once a work is created, it must be distributed freely from then on. Payments can only be in the form of original commission or donations, not usage license.
* You have the right to dictate the distribution of that creation. ie. Which persons may use it, what platforms it be distributed on.
* You may also dictate whether that creation can be modified and/or redistributed itself.
* You are responsible for for upholding the last 2 rules. If your works ends up beyond your control, it's not my mess to clean up ;)
Last but not least, I reserve the right to change the above terms
I know there was some drama lately relating to an author taking commissions for GMod PAC3's, and while I think the author handled the drama that ensued very poorly, I believe that content creators should retain the right (For the most part), to decide how and where their fan works are distributed and modified.
/boring, un-fun Ryuujin talk.
EDIT: To stress "Without my explicit consent". If you have some project or thing going on you fear might fall afoul of those rules, just throw me a message and I'll have a look. There's already a few exemptions granted out there
Talking of Second Life, it has quite a bit of commercial use in the respect of your IP (A cursory glance here is all you need to figure out that), you going to do anything about it?
As for people using the Avali in Spacefarer (the original hard sci-fi RP we've been making), we've basically told people 'you can use their likeness, just not the IP'.
That said, you've clearly got a killer IP, so maybe make sure to pin this journal or something that has the short version of the legal lines. I get if you're not super eager to cash in, though.
The latest fragrance from Avalon.
https://www.redbubble.com/shop/aval.....ref=search_box
I'm a little confused on the difference between selling things that are based on a commission and the selling of things for a commercial use.
If someone has paid an artist for a picture of their original character that is an avali or shares likeness of an avali, and obviously they have the artists permission, is it then okay for that person to sell merchandise with that art on it? Or is it only okay if it is an original commission every single time.
Excuse me if this is a common question or obvious to everyone else, I just want to be as careful and as respectful of the property as possible.
If someone takes an Avali or something related (Even if they commissioned the original) and starts mass producing/printing it and selling them in bulk. They essentially have an unlimited potential revenue stream, for finite labour investment, that people are buying primarily because it is part of the Avali 'brand' so to speak, which is not theirs to be selling commercially like that. An important point though is the line "Without my explicit consent" it's not an outright ban on it, just that if they do it, I'd like them to let me know first.
There's bound to be some odd loopholes, for example avatars in VRChat, or custom plushies that might follow a template in a similar manner to a production chain, but are crafted bespoke for each buyer, would still count as 'Commisions', and again, if in doubt or worried, just ask me about the specific case.
Hope that clears stuff up!.
(By the way, you're really good at Beat Sabre ;) )
i was looking at getting pins made of 2 avali on it and the cost of making a batch is pretty heavy and i was wondering is that a okay thing todo since its avali someone owns? and not just a generic avali?
TLDR question is basicly if its someones character can they sell stuff or no?
Thanks for answering my question. And thanks for your creation of Avali.
Best regards.
（I have sent a note to you but the website looked like that it sent failed. If my duplicate message disturb you, I’m sorry)
https://www.furaffinity.net/journal/9954644
Apologies, I read on wiki , You should Update that somehow.
"Ultimately they were officially abandoned as a project due to goal drift on the part of Starbound's development"
But I came here, And do not see that the IP has been abandoned. Now I'm probably going to go my own way here, But I wanted to ask if you have any advice on character creation/design? (Separating myself from avali completely somehow, I need to study character creating/design)
But I'd also be really interested in an artist Collab if Possible.