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Talbotlynx

Who owns me!?

Oi... So many complaints on both sides about ownership of art all over lately. Guess we've hit the high peak in that again. It's been several years, we're overdue for a spike in the "IT'S MINE!" mentality instead of rational thought and necessary research.

Copyright law, look into it folks. There are base rules, and there are rules that artists spell out. Customers need to be aware of rules artists have BEFORE hiring them. It's a good idea to ASK when negotiating. That goes for both artist and customer, because a customer might not want their purchase spread all over the place.

Artists, look into copyright law just little, if you haven't already, and spell out the rules you want if want anything more than the basics. If you don't have rules stated somewhere openly or spell out your rules before completing a transaction, then all your whining comes down to being a request, not enforcement of stated rules. If you are serious about selling art, copyright is something you need to know. Creative rights in the US are use or lose. Simplest way to put the foundation of US copyright law that the rest is built upon.

This is how simple it is. Customers accept terms when they hire an artist. Artists accept terms when accepting payment for an order. Once terms are applied, they are set, legally. There will be no later, "Well, I want this rule applied to it now too because it's attached to all future works." Anything before is grandfathered. Don't believe me? Well, there's a reason I have old cub works in my FA account. It's called a grandfather clause. It was all there before the rules changed and I haven't made any changes to it since.

Oh, and User Terms are what some of those extra rules are called, for those that feel nitpicky about me worshiping copyright law. Just for the record, I hate the current state of US copyright law, but that's another rant for another day.

Copyright law and user terms. Be aware. Make use of them. Honor them. If you don't, then you're the idiot in the room.

Contest me if you want. Please, just make it a valid argument, not just a rant based on desire or gut feeling. I want people researching this stuff. I love when people are knowledgeable BEFORE committing to a business arrangement.
Viewed: 12 times
Added: 5 years, 2 months ago
 
LordRison
5 years, 2 months ago
I agree with this...In my case, I go buy art and I state it's adult related or such and then several years down the line, they don't want to be tarnished with porn. You can't just go back and change things now cause it makes you uncomfortable or you don't want it to tarnish your image. If it was the case back then, they shouldn't take the commissions. What about Gift Art? How does that work?~
Talbotlynx
5 years, 2 months ago
Gift art falls under the same legal points as any other. If there are stipulations attached to the gift, they should be stated when the gift is given. It might ruin a friendship if heads wind up butting over the issue later if it isn't but, there's good taste and friendship, and then there's legal standing.

When I do my name-a-freebies I don't really lay any rules down because I treat it as a bit of an open license thing. All I ask is that folks refer to the creator of the art or character any time they repost the image anywhere and not remove the signature. I treat gifts and prizes as a calling card and advertisement for open use and exchange, but that's just me. It varies a little from person to person.
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