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Author Topic: Does some commission artist own your OC?  (Read 590 times)

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Offline 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 »

Offline 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 »
PM me if you wanted a critique. It takes time for one to come to you, so please be patient.

If you wanted it to be public or private, do tell me.

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.

Offline 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.

Offline theblacksands

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Re: Does some commission artist own your OC?
« Reply #6 on: July 28, 2018, 10:45:11 PM »
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.

Here is something for anyone reading this to put into ANY contract they ever do when paying an artist.

Grant of Rights. Artist agrees to the perpetual non-exclusive license of all rights (including, but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative works) to Work to Commissioner, excluding only the right to authorship credit, which is retained by Artist. Artist agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.

Artist's Right to Authorship Credit. Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works). Commissioner and Artist agree that when asked, Commissioner must properly identify Artist as the creator of Work. Commissioner does not have a proactive duty to display Artist's name together with Work, but Commissioner may not seek to mislead others that Work was created by anyone other than Artist.


Offline ravenx2000

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Re: Does some commission artist own your OC?
« Reply #7 on: August 11, 2018, 06:27:40 AM »
I first drawn them all myself, and then when i go to cons sometimes I ask for them to make the OC i have in their artstyle( I like to see how other people see my OC's and bring their own twist to them). Dunno if that circumvents the issue, but at least it gives me a physical tangeble design dated before theirs if for some reason and gods intervention your story becomes real and blows up.

The most important thing however if your going by a full on commission of your idea is that when they draw it as a product for your future use. That you tell em and they get to sign off the design to you. This may lead to increased prices ofc. Otherwise you might be in trouble if you made it big, or even small for that matter.
« Last Edit: August 11, 2018, 06:35:46 AM by ravenx2000 »

Offline Aimyraude

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Re: Does some commission artist own your OC?
« Reply #8 on: August 11, 2018, 11:17:58 AM »
Habitually if the character is from a commission and the artists didnt made precision about commercial use you can do it after all its your character and you bought the art. Its more Tricky with adoptions since the artist created the character.