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Thread: Question on private commissions depicting copyright works

  1. #11
      Galendae is offline
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    Rob,

    More importantly, what is the client going to do with the map. If they decide to distribute it to make money at a later time, you could open yourself up to serious liability. You better know the person you are making this map for real well, or they could cause you a big head ache.

  2. #12
      tilt is offline
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    I just remembered another case from a week ago or so, where in danish morning tv there was a guy who made cakes looking like fashion items, shoes, bags etc ... the tv station got a call from YSL who asked them to, destroy the cake shaped like one of their bags.

    on the other hand on Deviant Art there is a lot of commission work going on with famous characters, especially manga and computer game characters ... again not for commercial use, but just an artist doing a deriv work.
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  3. #13
      NeonKnight is offline
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    Rob, what is different between paying for software to take multiple images and stitch them together or paying you to stitch them together? None. You are being paid for your time to take multiple images and make a whole, seamless image. Nothing more. Heck, I can go hire legitimately an artist to paint me a copy of the Mona Lisa to hang in my house. There is no danger to the artist, he is hired to perform a job, the danger lies in me if I try to then pass off said picture as the original.
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  4. #14
      RobA is offline
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    Quote Originally Posted by NeonKnight View Post
    Rob, what is different between paying for software to take multiple images and stitch them together or paying you to stitch them together? None. You are being paid for your time to take multiple images and make a whole, seamless image. Nothing more. Heck, I can go hire legitimately an artist to paint me a copy of the Mona Lisa to hang in my house. There is no danger to the artist, he is hired to perform a job, the danger lies in me if I try to then pass off said picture as the original.
    It's not actually stitching them together. The request was to redraw the entire thing in (my own) style. The protected content is the geography and names only, not any of the source images. I wouldn't even consider a cut/paste request from other images.

    -Rob A>

  5. #15
      Jaxilon is offline
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    Have you checked to see if the campaign world has any verbiage about fan art? Basically you are being commissioned to create a piece of fan art. It doesn't sound like this customer is going to sell this off somewhere.

    Technically, as has been said, just copying the work is the infringement. My old art teacher used to say that if you used a picture from a magazine you needed to change it enough that it was yours. Sort of like in music where they can't go over a certain number of note progressions or whatever or they get busted. Doing it by hand is usually enough but because this is of a world already known it will be apparent what it is. Artists who paint murals must deal with this all the time I'm sure. They are probably asked to paint a room of Mickey mouse and friends. I'm wondering if you might want to hit up a website of muralists and see what they have to say on this. Your client wants to hang this on his wall so it's not really any different than what they do all the time. Some of those murals are portable.
    Last edited by Jaxilon; 02-22-2011 at 01:49 PM.
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  6. #16
      moutarde is offline
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    If you do this, and have your purchaser sign something, you'll want to make sure you put in an indemnification clause in there, along with an agreement to keep the piece as a private use only thing.


    The Purchaser agrees to indemnify and hold harmless the Artist against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any negligent act or omission of the Purchaser in the use of the purchased work of art.


    Edit: And really, that sentence should be in anything that you have anybody sign regarding your art anyways
    Last edited by moutarde; 02-22-2011 at 02:07 PM.

  7. #17
      Jaxilon is offline
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    I found something useful on this I think: http://www.plagiarismtoday.com/2010/...and-copyright/
    “When it’s over and you look in the mirror, did you do the best that you were capable of? If so, the score does not matter. But if you find that you did your best you were capable of, you will find it to your liking.” -John Wooden

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