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Author Topic: Does some commission artist own your OC?  (Read 369 times)

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Online KeanFox

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Does some commission artist own your OC?
« on: December 13, 2017, 03:28:15 AM »
Serpent mentioned that if you commission an artist to draw your manga character or pages the arts may ask that you pay him every time the art used commercially

Have anyone experienced that?

I've been looking at commission artist, most of them say the price is this if the art for personal use and if it's for commercial use, let's talk privately.
Whats that about?

Offline Forlorn Serpent

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Re: Does some commission artist own your OC?
« Reply #1 on: December 13, 2017, 03:37:24 AM »
You got to go by the copyright unless you sign it away. As the creator (artist) who published it online digitially, probably first before they submit it to the client, they own the copyright since it’s a completed tangible item. The idea of a character is up for whoever, but once it’s comcrete, who ever created it owns it.

I haven’t seen this done in manga in our circles, we are all amateurs after all. But I’ve scene examples talked about when discussing photographs. I’ve even seen photographer youtubers say they own the images because the took the photos. They do by the way. Even though it was for a wedding. You never know, one picture might be used in a commercial or advertisement and these guys want their Benjamins.

They are just thinking long term.

Just imagine, you illustrated Mickey Mouse and got nothing  :noyoudon't:

The Nike logo was a contest I think, and the winner got $25. You got to read the fine print.
« Last Edit: December 13, 2017, 03:40:12 AM by Forlorn Serpent »

Online KeanFox

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Re: Does some commission artist own your OC?
« Reply #2 on: December 13, 2017, 06:08:58 AM »
So if pay an artist to draw my character and he uploads it to DeviantArt he owns my character Or just that piece of art?
If I used that character in my manga and made money out of it. Is he going to be knocking on my door?

Offline DeAngelus

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Re: Does some commission artist own your OC?
« Reply #3 on: December 13, 2017, 06:32:53 AM »
Quote
Does some commission artist own your OC?

< RANT >
You obtuse, shady artists ...

I paid you to draw them, not to own my IP.

Here's the deal. I'll credit you once you've dropped all of that bollocks and will pay you extra if we're married and pounded each other real good once we're under the same roof, okies?

Same goes to you selling fan-arts. What happens if it's my OC? Huh? Huh? HUH?

Good lard ...
< /RANT >

No and they shouldn't. Sue them if they do.

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Quote
So if pay an artist to draw my character and he uploads it to DeviantArt he owns my character Or just that piece of art?
Just that piece of art. OC's still yours. Did he/she asked for your permission to post it on his/her DA account beforehand?

Quote
If I used that character in my manga and made money out of it. Is he going to be knocking on my door?
Just don't sell that one commissioned piece made by him/her, or even copies of it. Selling your character's fine as long it's conceptually yours.

EDIT: However, you might want to discuss with him/her on this to see if he/she wants to get involved in drawing the manga in the first place. Only then, the thought of selling that commissioned piece can be brought up.

Also, ask him/her if he's/she's allows you to use his/her art for non-profit purpose. Be sure to credit it under his/her name.
« Last Edit: December 13, 2017, 06:47:05 AM by DeAngelus »
Kickstarting MANGA MAVERICKS !
The site's still new , so help the site grow !
Also , it's a site where I'll give my critique to those who want one . So , do join if you want one . I might offer it here too . PM if you wanted one .

Offline Forlorn Serpent

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Re: Does some commission artist own your OC?
« Reply #4 on: December 13, 2017, 05:37:01 PM »
So if pay an artist to draw my character and he uploads it to DeviantArt he owns my character Or just that piece of art?
If I used that character in my manga and made money out of it. Is he going to be knocking on my door?

We have a Draw My Character (free) thing here. Not very active though. So the person writes down a detailed description of the character. This is the free part that anyone can take because it’s just a description. Once an artist actually draws it, that character design belongs to the artist  unless they give away their rights. The client could always go for a different variation of the character design, but the finished product belongs to who keeps the rights of the image. You can’t use the design without permission.

The artist is going to want some credit and even some merchandise rights. Like 50% for each sale on a shirt or something.

I think the way out of this pickle is to do the best illustration yourself, all the pieces are there, so the illustrator is just doing a derivitive work and not an original. So basically, you give them permission to use your property.

Online KeanFox

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Re: Does some commission artist own your OC?
« Reply #5 on: December 15, 2017, 05:37:29 AM »
I found this, it explains it.
https://artcommissionartists.deviantart.com/journal/Is-a-Commission-for-Commercial-or-Personal-use-558707655
The idea is for Personal you pay normal rate, Commercial you pay the commercial rate.
The artist may own that piece of art he made for you
Its different from artist to artist so always read the terms.