Legal Artwork question for all our resident attorneys 1 1

[HENRYSPENCER]

If you buy an original piece of art at auction or you commission a piece do you own the rights to the artwork?  What I mean by this is could you put the art on t-shirts, stickers or make prints for sale if you so desired?

Thanks.

[kav]

I think I read no, but lets see what the experts say.

[kav]

Paging all attorneys!!!

[the blob]

No, no, and no

[the blob]

And no.

[the blob]

Well, you can, but you would be subject to a lawsuit. 

[Bird]

Not a lawyer but you can make one of those things for your own, that is under fair use.

[Shadow Images]

Unless the artist releases the rights, No.  It would have to be made clear upfront that you wanted to reproduce the work in other mediums. 

[mackenzie999]

I believe Marvel, DC or whoever might take issue with you reselling their character likenesses.

[PopKulture]

Strange to see this question posed, as I just had dinner with two artists last night who shared stories with me about all sorts of rights abuses, etc.

The short answer is "no."

 

[kav]

11 hours ago, the blob said:

Well, you can, but you would be subject to a lawsuit. 

Would you get a cease and desist first or could they go straight to a suit and prove damages or income you garnered?

[HENRYSPENCER]

I guess I'm not following the logic on this one.  Let's say you pay Neal Adams for a Batman commission, he charges you and gets paid yet he doesn't own the licensing rights either.  How is that any different than me selling reproductions of the original artwork I now own and paid him for?

[kav]

14 minutes ago, HENRYSPENCER said:

I guess I'm not following the logic on this one.  Let's say you pay Neal Adams for a Batman commission, he charges you and gets paid yet he doesn't own the licensing rights either.  How is that any different than me selling reproductions of the original artwork I now own and paid him for?

It's my understanding that DC owns the rights and could stop him from making money off drawing their character, if they wanted.  You then taking that image and reproducing it, thats a whole other matter.

[ADAMANTIUM]

5 minutes ago, kav said:

21 minutes ago, HENRYSPENCER said:

guess I'm not following the logic on this one.  Let's say you pay Neal Adams for a Batman commission, he charges you and gets paid yet he doesn't own the licensing rights either.  How is that any different than me selling reproductions of the original artwork I now own and paid him for?

It's my understanding that DC owns the rights and could stop him from making money off drawing their character, if they wanted.  You then taking that image and reproducing it, thats a whole other matter.

Is this a reason artists don't draw x rated sketch covers? I imagine there are legal reasons or some such.... Just try putting Harley Quinn original art in ebay... SMH with what some people try and sell, not safe for work by the way...

[kav]

5 minutes ago, ADAMANTIUM said:

Is this a reason artists don't draw x rated sketch covers?

could be....

[ADAMANTIUM]

2 minutes ago, kav said:

8 minutes ago, ADAMANTIUM said:

Is this a reason artists don't draw x rated sketch covers?

could be....

[kav]

29 minutes ago, ADAMANTIUM said:

no not at all

[HENRYSPENCER]

41 minutes ago, kav said:

It's my understanding that DC owns the rights and could stop him from making money off drawing their character, if they wanted.  You then taking that image and reproducing it, thats a whole other matter.

Maybe it's in the original contract they signed with the publisher, that is they can redraw the character for money at shows as many times as they want to and until their arm falls off? Otherwise, they aren't enforcing this as artist commissions have become a multimillion dollar a year industry and nobody ever says anything.

[kav]

2 minutes ago, HENRYSPENCER said:

Maybe it's in the original contract they signed with the publisher, that is they can redraw the character for money at shows as many times as they want to and until their arm falls off? Otherwise, they aren't enforcing this as artist commissions have become a multimillion dollar a year industry and nobody ever says anything.

I remember reading that it's a courtesy the publisher gives to the artist.

[Bird]

4 minutes ago, HENRYSPENCER said:

Maybe it's in the original contract they signed with the publisher, that is they can redraw the character for money at shows as many times as they want to and until their arm falls off? Otherwise, they aren't enforcing this as artist commissions have become a multimillion dollar a year industry and nobody ever says anything.

They consider it a professional courtesy to look the other way for professional comic book artists.