2000ad suspected IP infringement thread

[Fungus]

Never occurred to me that publishers or trademark holders might look for a cut of personal sketches/commissions, but hm.... it makes sense. If you own a character, then fair's fair. And you say "many publishers", I'd be curious who does demand a cut, if it ever happens.

[Jim_Campbell]

And you say "many publishers", I'd be curious who does demand a cut, if it ever happens.

I've never heard of it, but I can't claim to have universal knowledge of every publisher's official (or unofficial) policy on this, hence the hedge.

Cheers

Jim

[Colin YNWA]

Surely it would be incredibly hard to police and not close to being worth upsetting 'talent' as I belive artist are called these days...

... as ever I know nowt and am spouting right out me hat.

[hippynumber1]

I seem to remember a big hoo-har of some sort when an artist challenged a seller at a con over fine art prints of a character that he owned the rights to. The seller didn't have permission to sell and the artist wasn't getting a cut. That said, I too could be spouting right out of my hat and misremembering (I'm sure somebody here will know the exact details and what happened) but I don't think it ended well... Many apologies to all if I've got that all mixed up with something else and I will happily retract if it's completely wrong...

[Hawkmumbler]

I suspwct it's also down to them being available to a specific audience for an incredible small time frame. Also the publicity that could be generated from them.

[Steve Green]

I seem to remember a big hoo-har of some sort when an artist challenged a seller at a con over fine art prints of a character that he owned the rights to. The seller didn't have permission to sell and the artist wasn't getting a cut. That said, I too could be spouting right out of my hat and misremembering (I'm sure somebody here will know the exact details and what happened) but I don't think it ended well... Many apologies to all if I've got that all mixed up with something else and I will happily retract if it's completely wrong...

Not at a con but the only thing I can remember was someone copying Brian Bolland.

http://www.bleedingcool.com/2010/05/20/brian-bolland-takes-on-erro-and-wins/

[Woolly]

Only speculating here, but I think as long as the artwork is an original, commisioned piece* then thats cool.
However if it gets published, or printed for multiple sales, then it's an infringement of copyright.

I think.


*By this, I mean that the payee has asked for a specific character/sketch.

[Definitely Not Mister Pops]

I suppose you could defend con sketches under the umbrella of fair use. I believe there is a caveat that allows use of IPs if it won't have any negative effects on the copyright holder's potential market. Nobody's going to stop buying their favourite comic because they got a sketch of Dredd from some bloke that's not Carlos.

[Richmond Clements]

It's also worth noting that in The Good Old Days sketches were mostly free. It was when people started to sell them on ebay, after getting them for nothing, that most artists started charging.

[Bat King]

I am guessing that so long as the Artist doesn't do anything that goes against the Publisher's marketing a blind eye is turned. More of a blind eye if the Artist has worked on the comic in question.

Ask me more at Lawgiver

[Grugz]

Never occurred to me that publishers or trademark holders might look for a cut of personal sketches/commissions, but hm.... it makes sense.

  I suffer from chronic insomnia,i lie awake all night more than I sleep and things pop in there 

[JamesC]

At conventions artists should be free to draw what they like and if people put stuff on ebay, so be it. Artists can always insist on putting a personal message on the work (I think some do this anyway) which effects its resale value.
At one of the early Free Comic Book Days, Steve Yeowell came to a free event at the library which occupies the building I work in. He was doing sketches for free and was slightly taken aback by a child who asked for a drawing of Edward Scissorhands. He explained that he'd never drawn the character before but the kid insisted that he try. As far as the child was concerned, he wanted a picture of Edward Scissorhands and here was a guy who could draw well. Steve ended up drawing a bloody good portrait of the character, mainly from memory but with a few pointers on general look/costume from the child. It was a great thing to see and would have been totally spoiled if the artist had to arrange permission from the licence holders of Edward Scissorhands in advance!

[Spikes]

I suppose you could defend con sketches under the umbrella of fair use. I believe there is a caveat that allows use of IPs if it won't have any negative effects on the copyright holder's potential market.

Rebellion seems happy to allow it, and are happy to use images of commissions as part of a wider publicity for the prog.

I seem to recall one of the big two over in the states, after they'd had a falling out with an artist I cant recall the name of, then went on to punish him further, by not allowing him to produce any commission work featuring characters they owned.

[TordelBack]

It's also worth noting that in The Good Old Days sketches were mostly free. It was when people started to sell them on ebay, after getting them for nothing, that most artists started charging.

This. Also, given the marginal recompense artists get for giving us the defining element of the comics medium, making a few quid from one-offs while generating free advertising and PR for their clients seems only fair.

[ZenArcade]

Only seems fair. Z