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Author Topic: Reselling Artwork  (Read 4344 times)

Offline Lord

Reselling Artwork
«: February 09, 2008, 05:38:02 AM»
Well, there was a thread on FAM a long while back about this.. but I think FAZ is a more appropriate place.

What are your thoughts on reselling artwork? I.E., selling a portrait you did not draw to another person, AFTER you bought it?

 
        

Sesruc

Re: Reselling Artwork
«Reply #1: February 09, 2008, 12:31:30 PM»
actually, i personally wouldn't mind all too much. but. what i would advise the seller to do is ASK the original artist first. and tell them who the buyer is. because it would be annoying if you weren't aware of this and someone else other than the person you sold art to is displaying it as theirs.

it is stupid yes, if someone purchases art for the sole purpose of reselling for a profit. if that's the case then.. it really is your problem you sold art to them the first place. you've got to learn how to tell a bad customer from a good customer.
« Last Edit: February 09, 2008, 12:33:30 PM by Sesruc »

Offline Tate

Re: Reselling Artwork
«Reply #2: February 09, 2008, 12:57:40 PM»
Well, the fact is, when you buy art from me, you only buy the right to display it. I don't hand out the copyright to the art with it. And to have the copyright means that you are allowed to reproduce it, or sell it.

If I were selling my art to be resold or reproduced, it wouldn't be so cheap.

I will add more as soon as my mind isn't dead..

Offline Glory

Re: Reselling Artwork
«Reply #3: February 09, 2008, 06:18:38 PM»
As long as someone asks to resell it, im fine with them doing so.
Its not like i've lost any profit, and the person is only making back what they payed to commission the art so they might as well resell it if its not going to be used.

Offline Eevee

Re: Reselling Artwork
«Reply #4: February 09, 2008, 07:37:03 PM»
To me, in the case of portraits, reselling is ok as long as 5 things take place:

1.) The artist is notified that its going to be resold.
2.) The artist is notified what name the portrait is going on.
3.) The reseller does NOT make more money off of the portrait than the artist originally did. (either charge the same price it was sold for, or cheaper)
4.) The reseller does NOT sell the portrait to more than one person.
5.) The reseller does NOT use the portrait anymore.

Its strongly recommended that the artist knows the port is being given to another name, and what name that is in case people cry theft against the new owner of the portrait.

Offline Sync

Re: Reselling Artwork
«Reply #5: February 09, 2008, 09:58:40 PM»
i say as long as you give the artist a heads up that you're selling it, you're home free. they need to know where it's going. it's like a point somebody brought up a while ago.

you can sell a painting you bought, why should a port be any different?

sure, the artist is alive, but i've seen art sold by living artists before. i don't think it makes any difference in the slightest.

but, you cannot cut up a painting into a million pieces for all to use. one person should be in use of the picture, not a ton.
and you can't hang up a painting on the wall that you sold. the art should only be used by the buyer.

i say making profit is fine. because the artist is a alive, it might be hard to sell because they can be commissioned, but go for it.

Offline Narnia

Re: Reselling Artwork
«Reply #6: February 11, 2008, 04:39:12 PM»
Well, the fact is, when you buy art from me, you only buy the right to display it. I don't hand out the copyright to the art with it. And to have the copyright means that you are allowed to reproduce it, or sell it.

If I were selling my art to be resold or reproduced, it wouldn't be so cheap.

I will add more as soon as my mind isn't dead..

General FYI for artists. You DO NOT own the copyright on commissioned artwork according to the US Copyright Office.

See http://www.copyright.gov/circs/circ1.html#wccc which reads:
Quote
Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as:

a work prepared by an employee within the scope of his or her employment; or

a work specially ordered or commissioned for use as:

a contribution to a collective work
a part of a motion picture or other audiovisual work
a translation
a supplementary work
a compilation
an instructional text
a test
answer material for a test
an atlas
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Stay tunred for more from me later!
"The views expressed in this message are mine alone and do not necessarily reflect those of the Furcadia Art Zone, Dragon's Eye Production, or Furcadia."

Offline Tate

Re: Reselling Artwork
«Reply #7: February 11, 2008, 07:11:41 PM»
Narn, I don't see art listed in there.

I still stand on the fact that you're paying to display it. Sure, the content of it (the character design) is copyrighted to you, but the art was done by me, and thus it doesn't /belong/ to you.

But, if this is somehow true that if I do art for money, I somehow cannot still hold the copyright of the art, and cannot say, "HEY NO YOU CAN'T REPRINT THIS AND SELL IT IN MASS!" and such, then.. hey, guess what? Multi community campaign, letting every artist know about this. And then guess what, guys? You think, with your greedy pockets, that art is too expensive now? You'll never afford it, after.

But, I still honestly don't see how that little text involves art. I see that involving stuff that is done working under people, kind of like a fashion designer working under a major fashion label.

I am an artist on my own, under no such company or joint work, or anything else that I really see described in that.

Try explaining exactly what you think makes that comply to art.

Offline Morgan

Re: Reselling Artwork
«Reply #8: February 11, 2008, 07:20:00 PM»
Narn, I don't see art listed in there.

I still stand on the fact that you're paying to display it. Sure, the content of it (the character design) is copyrighted to you, but the art was done by me, and thus it doesn't /belong/ to you.

But, if this is somehow true that if I do art for money, I somehow cannot still hold the copyright of the art, and cannot say, "HEY NO YOU CAN'T REPRINT THIS AND SELL IT IN MASS!" and such, then.. hey, guess what? Multi community campaign, letting every artist know about this. And then guess what, guys? You think, with your greedy pockets, that art is too expensive now? You'll never afford it, after.

But, I still honestly don't see how that little text involves art. I see that involving stuff that is done working under people, kind of like a fashion designer working under a major fashion label.

I am an artist on my own, under no such company or joint work, or anything else that I really see described in that.

Try explaining exactly what you think makes that comply to art.

"a work" = art. fucking blind.

Offline Tate

Re: Reselling Artwork
«Reply #9: February 11, 2008, 07:24:52 PM»
I was asking Narnia, thank you. And if you have nothing better to do than cuss at me, then please don't bother replying to my posts.

Offline Azula

Re: Reselling Artwork
«Reply #10: February 11, 2008, 07:28:50 PM»
she was merely correcting you, silly. narnia would only tell you the same fucking thing.

Sesruc

Re: Reselling Artwork
«Reply #11: February 11, 2008, 07:32:00 PM»
you can, aside from what narnia said, license your work under creative commons.

http://creativecommons.org/license/

Offline Azula

Re: Reselling Artwork
«Reply #12: February 11, 2008, 07:36:36 PM»
when did this topic turn into tachs bitching and moaning about herself and her art?

Offline Sync

Re: Reselling Artwork
«Reply #13: February 12, 2008, 02:05:11 PM»
General FYI for artists. You DO NOT own the copyright on commissioned artwork according to the US Copyright Office.

See http://www.copyright.gov/circs/circ1.html#wccc which reads:
Quote
...

a work specially ordered or commissioned for use as: (list)
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

I highly doubt most artists who do artwork on the internets get written signed contracts when doing commissions. Not sure how applicable your point is to the topic. :p

my guess is simply that the rules to the game change what the copyright is meaning because if this sentence applied to furcadia, i could use every single portrait that somebody paid me for without breaking any rules what so ever.

Offline Narnia

Re: Reselling Artwork
«Reply #14: February 12, 2008, 03:46:29 PM»
I'm fairly certain that a digital agreement will hold up in court. In many cases these days digital signatures have replaced old fashion instruments, but don't rely on me for that. I'll pull the actual texts from the copyright website and read them for clarity. That was taken from their FAQ page and may be a little too ambiguous.

Youlanda's mock contract are my exact views on this matter.
"The views expressed in this message are mine alone and do not necessarily reflect those of the Furcadia Art Zone, Dragon's Eye Production, or Furcadia."

Offline Zodiac

Re: Reselling Artwork
«Reply #15: February 16, 2008, 01:10:05 PM»
I prefer people not resell ports they have bought from me. On an alt is one thing, but I do not make my work for re-distribution. Thats just me though. I think if a person is going to resell artwork they have commissioned, they can at least let the artist know and see if they are okay with it. Its just a mutual respect I think people should have. This is not an actualy business world with contracts and all that crap - we're all here buying from and working for our peers which to me makes it seem a little different than the actual business world.

Offline Lilly

Re: Reselling Artwork
«Reply #16: February 21, 2008, 06:47:56 PM»
I agree with Turq. I don't think that someone has the right to resell artwork without letting the artist know or asking permission. Though, on the other hand, the artist did receive payment for the art already, meaning that he/she has given up the rights to that piece of art. It's kind of a win-win or lose-lose situation, pending how you look at it.
Now, if you're blue
And you don't know where to go to
Why don't you go where fashion sits
Puttin' on the Ritz

Offline Tate

Re: Reselling Artwork
«Reply #17: February 21, 2008, 08:53:52 PM»
The artist didn't give up "rights" to the artwork unless they signed a document stating that the commissioner owns the copyright.

Offline Sync

Re: Reselling Artwork
«Reply #18: February 21, 2008, 09:04:28 PM»
The artist didn't give up "rights" to the artwork unless they signed a document stating that the commissioner owns the copyright.
wouldn't the "have fun with the port!" qualify because none of us are able to meet each other in real life.

Offline Azula

Re: Reselling Artwork
«Reply #19: February 21, 2008, 09:23:56 PM»
furcadia is such serious business that we must now have contracts to commission people.

Offline Tate

Re: Reselling Artwork
«Reply #20: February 21, 2008, 10:01:08 PM»
The artist didn't give up "rights" to the artwork unless they signed a document stating that the commissioner owns the copyright.
wouldn't the "have fun with the port!" qualify because none of us are able to meet each other in real life.

Hmm? Come again?

A contract to hand over all the rights can be a signed document or it can be a "verbal" (textual) agreement, as long as it is screen shotted, I believe. I am merely speaking for the fact that they don't own the copyright unless the artist signs it over or gives it to them and such.

Basically--The artist HAS to state that the copyright belongs to them. If they don't, then you don't own the copyright. There is no guess work involved.

Offline Azula

Re: Reselling Artwork
«Reply #21: February 21, 2008, 10:27:54 PM»
are you fucking serious? this is furcadia we're talking about (considering the original topic was about reselling furcadia portraits) and i highly doubt we seriously need to bring legal matters into this (contracts and all) because:

  • that's just plain dumb
  • it would put out a lot of artists because they don't want to go through this LOL CONTRACT bullshit.

we don't need contracts for ARTWORK on the INTERNET. it's common sense. most people who commission artists online don't even resell the artwork, and use it for personal use, be it a reference for a character, a photograph, graphics, or anything so that is out of the question. and besides, most of the people who do commission other artists don't even play furcadia and have no need to sell artwork that they bought, of their character, because they got bored with a fucking username on a game.

if you're propositioning to bring in contracts for 95 pixels by 95 pixels which add up to a total of 9,025 pixels, then there is seriously something wrong with that picture.

MIND YOU, THIS IS FURCADIA I'M TALKING ABOUT. i don't give a fucking damn about what other places and people do outside of it, obviously the original topic was about furcadian artwork, not other artwork.
« Last Edit: February 21, 2008, 10:29:57 PM by Dyke »

Offline Dogtown

Re: Reselling Artwork
«Reply #22: February 21, 2008, 11:40:18 PM»
i agree with dyke u_u

Mask

Re: Reselling Artwork
«Reply #23: February 21, 2008, 11:40:47 PM»
1stly, I second Dyke's statement.  2ndly, I think that only the artist themselves have the right to resell something and it is entirely up to THEM whether they will allow you to resell it.  Personally, I don't allow people who have commissioned me to resell my artwork because, well, it's my artwork.  Did you take time out of your day to make a portrait or whatever?  No?  Then I don't think you should be getting money for it.  If you decide that you're not going to use a portrait that you bought off of someone then I think it's your fault - you are, of course, the one who bought it originally so you should take responsibility for it and if an artist isn't okay with you reselling a picture they made then you should simply deal with it. :)

Offline Dogtown

Re: Reselling Artwork
«Reply #24: February 21, 2008, 11:45:53 PM»
again, i agree e_e

 

anything