Legality of Commisions

[Jaknife]

How legal is it for a commision to be done? I mean, you know how someone has gotten solar and magnus commissions, yet the guy never worked for Valiant. how legal is it for him to charge money and earn a profit using someone elses characters?

[justin]

I stick with the creators!

-A

[Rags.]

Copyrighted material does what it says: The right to copy. What that means is the image produced, if protected by copyright law, is for that image only. For instance we could not reprint Valiant or Acclaim material that has been produced for sale, but us professionals and anyone can do commissions so long as we're not copying the material and making a ton of money. The copyright lasts, I think, for 7 years and by then needs to be renewed.

[magnusr]

Copyrighted material does what it says: The right to copy

Good call. The question here is about Trademark, not Copyright, and I'm not sure how that works. A typical quote from a comic is "All characters herein and the distinctive likeness thereof are trademarks of Voyager Comunications Inc. All rights reserved."

So where's the limit? I have often wondered if this issue is covered in your contracts? It is considered more natural for a creator that has worked on a character to make commissions, than for just anyone. I guess there is no legal difference really. But maybe a contractual one?

The copyright lasts, I think, for 7 years and by then needs to be renewed.

A bit longer than that.

http://www.copyright.gov/help/faq/faq-duration.html

Btw, a good place for copyright issues is this: http://www.templetons.com/brad/copymyths.html

/Magnus

[VanHook]

It is more of a trademark issue than a copyright issue. The copyright is for the individual, specific work.

Trademark (TM) on the other hand, or (R) for Registered Trademark, is to protect the intellectual property in use. It's designed so people couldn't sell Coca Cola T-shirts (example) without licensing it from the Coca Cola people. It also protects the TM holder from someone putting out inferior product and confusing it with the real deal.

That said, there is something considered fair use. If Rags or Bernard or myself, or any artist for that matter, were to set up shop publishing all new comics based on the Valiant characters, without their permission, that could be fought by Acclaim and easily squashed.

But one-off sketches or even re-creations of covers for fans and collectors is deemed legal. I could (to the best of my ability) recreate a BWS Eternal Warrior cover and sell it as such, being clear that it is a copy and not the original (that's fraud), and I'm totally fine.

IF, however, I set up a website and advertise that I've made this copy of BWS' EW cover and I'm selling PRINTS of it, that's against the rules. Not necessarily against the law--this is a Civil matter.

The guys selling copies of CDs with comics scans on them are breaking the law, but it's a fine line. If they are selling the CDs at cost--with no real markup, Collector-to-Collector, that's been deemed OK, PROVIDED that the material is not available from the original publisher to be purchased. The idea is you can't rob sales from the copyright owner. That's why you can buy SHAZAM! on VHS or DVD at comic cons. $20 Bootlegs Collector-to-Collector.

Most artists re-create their own works. I know Bob has been commissioned to recreate some of his great Iron Man covers, for instance. But the rules aren't limited to the originator. Before I broke into comics, I was hired 2 or 3 times to re-create popular covers of the day (X-MEN 133, comes to mind). I would always sign them with my name and the original artist's. I'm sure a blind monkey could tell that it wasn't as slick as John Byrne and Terry Austin's work, but the fan was happy and I got a check and experience.

No offense to blind monkeys.

KV

[Jaknife]

So, if I wanted to begin doing commissions, I could, legally, even if I re-created a cover of a certain comic? Sweet. Especcially since I am actually considering doing this. What would be the best way of letting people know I do commissions?

[Rags.]

Hey Kevin, I'll be in San Diego, stop by and say hi!

[BloodOfHeroes]

So, if I wanted to begin doing commissions, I could, legally, even if I re-created a cover of a certain comic? Sweet. Especcially since I am actually considering doing this. What would be the best way of letting people know I do commissions?

Post on eBay. Lotsa people doing this...

(That's how I got a knockoff of the Bloodshot #40 cover...)

BoH

[Jaknife]

Post in E-Bay? How, I thought it was simply an online auction place.

[DawgPhan]

Post in E-Bay? How, I thought it was simply an online auction place.

Well there is a ton of groups/boards about comics on ebay...look under "community" and you should find about 1/2 dozen different places where people are talking about comics...

[VanHook]

Rags--
I'm going to try and be at the con. If I'm not filming, Carol and the boys and I will be there. Don't know if you remember my kids, they were pretty little when you would've seen 'em last (probably SD Con 94, cause I've got you on home video there!), but they're pretty grown up. 6'2" and not 16 yet. Got their height from Carol's side!

Anyway, it's great seeing you on here.

All my best,
KV

[VanHook]

For the most part, publishers turn a blind eye toward recreations and stuff like that. Historically when they have cracked down (WB against Chuck Jones or Disney against Carl Barks), they eventually apologized and arranged for those high-profile creators to do sanctioned work.

Kevin VanHook is not and never has been a lawyer.
Opinions expressed herein are his own and not necessarily those of Kevin VanHook.

KV

[Rags.]

Rags--
they're pretty grown up. 6'2" and not 16 yet. Got their height from Carol's side!

Good Lord!! Almost sixteen? Time does fly, too bad for it we're still young and pretty, huh?

Look forward to it...I'll have Isabel with me, but we're leaving the Babuska with my sister.

See ya!