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I know I asked this a few years ago, maybe it can be archived.

with the very few people who buy art off of me, one paints at the same place I do(for lessions/workshop) the man likes to collect some art, and has some things from me. He said he'd buy more if I do things he likes.

it is good, it is just I do not know how to properly let him know that he dosen't get the copyright with the artwork. I don't want to sound like a nudge, brat, ninny or any other name you want to use. Or sound nerotic, overly worried.

or is it a case of, "it only counts IF, it is included"?
how does one let a buyer know that "copyright ownership does not come with the art"?

unless it was set up that way and they pay extra for it. Don't you need paperwork for that?

should I also put in tags for this?

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Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.


( 15 comments — Leave a comment )
Aug. 7th, 2011 08:41 pm (UTC)
Only mods can add tags in this community.
Aug. 7th, 2011 08:45 pm (UTC)
I've seen scenarios where people take the art and think they can do what they want. Send them an email detailing they do not own the copyright and must make a deal for any terms of distribution. If they don't listen, send a letter to the place where they're generating the products and order them to stop.
Aug. 7th, 2011 09:05 pm (UTC)
Make a simple contract for people who buy premade art from you that they agree to. Simply have a clause that says "artist retains reproduction/etc etc rights and rights to characters (if applicable) represented. buyer owns the piece itself, but none of the copyright or reproduction right to the art pictured."

It's professional and unemotional, and it would be a contract, which has more hold than you telling him word of mouth. Also, it has none of the emotional negative connotations of just telling him.
Aug. 8th, 2011 01:49 pm (UTC)
does it have to look professional, like a real legal document, or could I rig it up in msword, paint even.
Aug. 7th, 2011 09:10 pm (UTC)
The copyright is always set up as a separate transaction and does require paperwork as it's usually limited so those limits have to be defined.

If you're having an issue with someone using the rights without buying them, I'd just send a short message saying "Hey, I'm not sure if you knew, but you need the rights to the image to do [whatever they were doing]. If you're interested in continuing to do that, I'd be happy to sell/lease the copyright."

If you're just kind of wondering about it, next time you give/sell a piece to him, I'd ask him why he likes to collect your pieces, or you can ask him about the Graphic Artist Guild handbook. Odds are if he knows about the book he knows what's included in selling a painting. If he doesn't an art workshop is a great place to bring it up as it'll benefit him as well as talking about how he doesn't have copyright with a painting.
Aug. 8th, 2011 01:49 pm (UTC)
I don't think he will use it. he has some other things from me, I don't think he will make prints. perhaps the man dosen't really understand the whole story behind copyright?
Aug. 8th, 2011 05:13 pm (UTC)
Erm don't think he'll use what?

Why do you think he doesn't understand copyright? You say that you don't think he'll make prints. I can understand wanting to cover all your bases, but I'm not sure why you're so convinced he doesn't know.
Aug. 7th, 2011 09:35 pm (UTC)
If the guy is buying it to keep in a personal collection, and has not expressed an interest in reproducing it... It really doesn't matter.

Well, I mean, it does. But I just wonder why you get the feeling you might get stepped on by this guy, since the way you phrased it is that he's just a collector.
Aug. 7th, 2011 10:55 pm (UTC)
I was going to ask this too. OP, why do you assume your buyer has these intentions for your artwork?
Aug. 7th, 2011 11:54 pm (UTC)
I will answer your question with a question:
Has the buyer expressed the TINIEST expression of EVEN wanting to REMOTELY post or sell your art or make the the TINIEST SLITHER OF PROFIT of it? It may be he's buying your art because, well? He enjoys it, like most commissioners/patrons do? A patron can sell an original painting 5 years down the track, there's nothing stopping him from doing so! Yes it doesn't entitle him to own the copyright to reproduce the artwork, but...really? Honestly, you might be better off not selling originals if that is how you feel. Trust is a two way street. In other words; you need to trust the buyer and the buyer needs to trust you.

Pestering him with 'did you know you ONLY own the art you can't re-sell the likeness image etc, etc' is going to make you seem like 'what you quoted in your OP'. Because it is. You are being overly protective.

Edited at 2011-08-07 11:56 pm (UTC)
Aug. 8th, 2011 12:36 am (UTC)
Back when I used to accept commissions for my artwork, I told my customers when they recieved the work what they were allowed to use it for. I told them they could own the original, they could scan it and show friends, put it on a website (as long as they linked back to my gallery and told me where it was), and if it was a digital commission, they could print it. I told them not to take it to a printer to get enlarged, put on a tshirt, use as a logo, use it for profit, or etc. I let them know that they owned they retained the rights to the characters that they gave me permission to reproduce, but the reproduction and distribution of the image was still under my descretion.
Aug. 8th, 2011 02:48 am (UTC)
the copyrights are never for sale unless specified!

i personally clarify it multiple times in my Terms of Service, https://www.furaffinity.net/journal/2075964/
Aug. 8th, 2011 05:10 am (UTC)
Until there is a reason for it to be brought up it is better to let it lie. Personally, I have passed over artists for commission work because they treat their artwork like as if it were their first born and are ridiculously protective over it.
Aug. 8th, 2011 10:50 am (UTC)
If you are dealing with him physically, I see no reason to draw up a simple contract before allowing him (or anyone else) to buy your art. You can do this online too, with a PDF or something similar that people sign using an E-signature (aka, they type their name into a box).
Aug. 8th, 2011 10:51 am (UTC)
Ugh... "I see no reason NOT to draw up a simple contract." Derp.
( 15 comments — Leave a comment )


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