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What's Your (wide) Stance?


Ratmomma
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Will this cause another shitstorm  

16 members have voted

  1. 1. Well, will it cause another shitstorm?

    • Only if you're an art faggio.
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    • I'm just here for post count boosting.
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I swear to god, someone on this fucking forum better get the joke and know what I'm referring to in the topic title, or I'll insult @6tails and his cooking (u wan f0ckin wan go m8 just kidding ilu bro).

Technically speaking, it's blatant copyright infringement, but a lot of artists do it anyway. Artists, would you accept a commission for a licensed/trademarked character?

For me, I will not for three reasons:

1. I don't feel like having to deal with the rights holder breathing legalese down my neck should they decide to pull a Derek Savage (though even more technically speaking my creating work from a licensed/trademarked character is copyright infringement unless it's protected under Fair Use, and arguably something I would make on the request from the commissioner wouldn't fall under Fair Use, whereas Daddeh Derek is an asshurt 12.5yr old deviantTART user masquerading as a washed up male stripper in his mid 50s year old crisis).

2. I wouldn't like it if someone took my shit and made money off of it, so it's morally wrong (and hypocritical) for me to turn around and pump out Rainbow Dash kawaii desu pics.

3. I don't like to piggy back off the success of someone else's work, and want to be recognized for my OWN content, ideas, and work, not those of another artist/franchise/whatever.

And arguably, such a small profit on my end wouldn't even put a ding in a LARGE company's profits (indie businesses are a different story, because like independent artists they're too small to NOT issue a cease and desist (and possible court dates to rake in damages from the offender) in an attempt to stop the offending party), which is why commissioned work of licensed/TM'd characters is rampant, because the larger companies generally just don't care (hello hype and free promo's) up until profits made by the artist are up into the thousands.

DISCUSS.

What's your stance on it all?

Edited by Ratmomma
apparently I fail tag and can't figure it out
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Post count, but ehh, I'll weigh in.

To date I have never drawn fanart of an existing mainstream or otherwise published character. I refuse to accept commissions of such. And my reason is simple.

Fanart, paid or not, is a gateway to bad fanart and I refuse to be lumped with that crowd. Two oc's owned by consenting owners is fine, I'll draw whatever they want. But if it's Krystal, Fox, Coco Bandicoot or any of those fuckin Sonic characters et cetera, then hell no. 

 

EDIT: I've broken this rule once when I was mere pennies from the poor house, but in those circumstances I think a lot of people would. It hasn't happened since.

Edited by FlynnCoyote
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It's morally questionable, but I consider it paying more for the labor involved and the artist's style, than anything the brand could offer on its own. You come to fanartists for unique products you can't find elsewhere, not just the equivalent of bootlegging.

Now, if someone was selling fanart in the exact same style as the base material, yeah, that edges more into "You probably shouldn't fuckin do that" territory.
I guess the biggest morality factor, in my opinion, is just how divergent the fanart is from the source.

As far as "piggybacking off someone else's successes" goes, that's all fine and good, but commissioners are the ones telling you what they want you to do. An artist shouldn't just buckle down and do absolutely whatever a customer tells them to, regardless of their personal comfort levels, but I have my own time to spend on drawing shit for me and my own ideas.
That's not what paid work is for.


Also, I'm not a major company, so the "you wouldn't like it if someone did it to YOU" argument means literally nothing to me.
If I was, I'm sure my position would financially and commercially allow me not to care by sheer scale comparison that someone was drawing my characters on the internet for $45.
But until then, the argument's not even valid. The playing field is, by absolutely no means, equal.

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I thought most companies liked fanart...

A big company makes money as is and the fanart typically boost sales. I guess for a small one it'd be wise to ask the artists but I imagine if you ask a lot of small scale artists that you would find at booths at conventions if you could draw their character (with credit) I would think they'd be elated that they have a fan thats probably going to spread the word a little...any bit helps probably.

Also that, but isnt it rare for someone to sue you over a warrior cat or a sonic du hedgehodge or something? If you somehow managed to get that attention just delete the thing...

Ive only heard that happen once for a book artist that got angry about fanfiction of her characters, guess thats the fanfic writers fault for trying to copy a small artists work, I would think if they were fans theyd have the courtesy to delete it, and if they didnt how could they possibly feel that they angered the person that created the thing theyre a fan of?

Granted, unless it was really really copycat in a way, an artist getting upset over something crediting their work and affirming their rights seems a little shallow, someone is celebrating your work I would think thats the attention you want, but y'know Im not a small-scale popular artist so I cant speak for that.

Ultimately draw whatever the heck you want until the art police get mad for copyright reasons

Edited by WolfNightV4X1
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Post count, but ehh, I'll weigh in.

To date I have never drawn fanart of an existing mainstream or otherwise published character. I refuse to accept commissions of such. And my reason is simple.

Fanart, paid or not, is a gateway to bad fanart and I refuse to be lumped with that crowd. Two oc's owned by consenting owners is fine, I'll draw whatever they want. But if it's Krystal, Fox, Coco Bandicoot or any of those fuckin Sonic characters et cetera, then hell no. 

 

EDIT: I've broken this rule once when I was mere pennies from the poor house, but in those circumstances I think a lot of people would. It hasn't happened since.

I'd sooner light a Sonic OC on fire.

I'd shit on a piece of paper and mail it out before I'd draw a Sonic OC, which is arguably the same thing as shitting on a piece of paper.

No homo.

What was the question?

FUCK YOU THIS IS THE GAYEST THREAD ON THE FORUMS. ALL OF THE HOMO

My wide stance on this topic is that having rough sex with Republicans in airport toilets is a lot of fun...

I fucking love you :'D

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It's morally questionable, but I consider it paying more for the labor involved and the artist's style, than anything the brand could offer on its own. You come to fanartists for unique products you can't find elsewhere, not just the equivalent of bootlegging.

Now, if someone was selling fanart in the exact same style as the base material, yeah, that edges more into "You probably shouldn't fuckin do that" territory.
I guess the biggest morality factor, in my opinion, is just how divergent the fanart is from the source.

As far as "piggybacking off someone else's successes" goes, that's all fine and good, but commissioners are the ones telling you what they want you to do. An artist shouldn't just buckle down and do absolutely whatever a customer tells them to, regardless of their personal comfort levels, but I have my own time to spend on drawing shit for me and my own ideas.
That's not what paid work is for.


Also, I'm not a major company, so the "you wouldn't like it if someone did it to YOU" argument means literally nothing to me.
If I was, I'm sure my position would financially and commercially allow me not to care by sheer scale comparison that someone was drawing my characters on the internet for $45.
But until then, the argument's not even valid. The playing field is, by absolutely no means, equal.

There's definitely some amazing fan artists out there, who transform the source material into something so vastly different from its origins that it just blows my fucking mind (see Arvalis). In those instances, I think Fair Use comes into play, because they're transforming the source material into something original rather than just using something like Pony vectors, and I'm pretty damn sure Nintendo is just as impressed as us lowly plebs.

And I agree, the playing field is immensely unequal.

I guess if I look more at transforming the source material into something new, aka Fair Use softly covering my ass, then I'd be more comfy with taking on licensed/TM'd shit.

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I thought most companies liked fanart...

A big company makes money as is and the fanart typically boost sales. I guess for a small one it'd be wise to ask the artists but I imagine if you ask a lot of small scale artists that you would find at booths at conventions if you could draw their character (with credit) I would think they'd be elated that they have a fan thats probably going to spread the word a little...any bit helps probably.

Also that, but isnt it rare for someone to sue you over a warrior cat or a sonic du hedgehodge or something? If you somehow managed to get that attention just delete the thing...

Ive only heard that happen once for a book artist that got angry about fanfiction of her characters, guess thats the fanfic writers fault for trying to copy a small artists work, I would think if they were fans theyd have the courtesy to delete it, and if they didnt how could they possibly feel that they angered the person that created the thing theyre a fan of?

Granted, unless it was really really copycat in a way, an artist getting upset over something crediting their work and affirming their rights seems a little shallow, someone is celebrating your work I would think thats the attention you want, but y'know Im not a small-scale popular artist so I cant speak for that.

Ultimately draw whatever the heck you want until the art police get mad for copyright reasons

A lot of companies do, but I'm sure there's a couple out there that want to viciously protect their shit.

As for Sonic OCs, I think the company just gave up after the rise of Chris Chan. There's still no way in hell I'd draw a sonic oc unless I was hurting for cash THAT bad.

On the Indie scale, I think most artists like fan art until said art hits sits like Redbubble. That's when a lot of them start issuing cease and desist orders, because for as long as the merchandise remains on the site, profits can grow (potentially) exponentially, which gouges the market and profit for the original artist.

Edited by Ratmomma
fuggin grammar
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So, itè... èèèèèè,

fucking french keyboard.

So, it's not when you push the wheelbase out a few inches?

Because I have no wide stance, just drag radials :D

Ah you fucker, you got there before I could, is that yours?

Now why the hell would I want to drive a Prius?

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i don't take commissions for fanart.  drawing it is one thing, but getting money for it would make me uncomfortable, pretty much for reasons already listed.  that said, it doesn't generally bother me when other people do it.

 

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