fenrirs_child (fenrirs_child) wrote in artists_beware,
fenrirs_child
fenrirs_child
artists_beware

Advice about artist's moral rights

So, I've recently had a little near-miss, and it almost made me lose my desire to continue my art. I want to prevent this in the future, because really my life revolves around my art, and it's very fulfilling. 

Long, gruesome story short, I almost just made a suit head for someone who has been discovered to make fursuit porn. I am 100% not comfortable with associating with this behavior, because while I can't physically control what customers do with their product once it's out of my hands, I have no desire to have people associate that with me. I sort of remember a discussion about all of this in the past, and the only leg I *may* have to stand on in order to try to prevent this in the future, to my knowledge, would be moral rights. 

Basically, what I am trying to do (or at least get as close to doing as possible) is to prevent people for using the art I pour my heart and soul into for porn. I mean, if there's no proof there's nothing I can do either way, but if it's not online and being spread around, I think that would be enough for me to be comfortable. I want to implement in my TOS somehow (which has to be agreed to to even get a quote from me) a clause preventing such activities, but I want to do it in a way I can back with legality if necessary. I have the strong feeling that just having the clause would be a deterrent enough to most, but I don't want it to just be empty words either. I think the only way I can really put in anything with legal precedence would be to basically find a way to make it comply with moral rights. Each costume I make is one of a kind, handmade and custom, and I think I could achieve this by signing each one and numbering them 1/1, but I don't want to screw this up, and I know y'all know more about the legality of this than I do. 

I also don't know what kind of reasonable penalty could be applied for a breach of this part of the contract, but hopefully it will never get that far anyways.

Also, if anyone has any other suggestions that would reasonably work in this situation, I'm all ears. I'm sorry if this all seems unreasonable to anyone, but I spend well over 40hrs of work on these creations, and it really is a very personal process, and I pour my heart and soul into my work. I'm sure I'll get a few comments telling me to get over myself, but really, I'd rather not make suits for others than to see them used in such a manner. Not saying it's wrong, but I have every right to not want to be involved.  

I appreciate any advice you all have for me, thank you for reading through my tl;dr X3

EDIT: After further research, I believe the fact that I sculpt and paint all my costumes is going to save my ass, as the actual fur of the bodysuit I can't make any real standing on, but the painting and sculpted parts I most certainly can. 

 I'm thinking something along the lines of 'In accordance with The Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 106A, I retain rights of integrity over these works of art. As such, I prohibit the use of items I create in pornographic films or photographs, as this will tarnish my reputation, and will take whatever action necessary to repair my reputation, including taking legal action.'

As I said above, I highly doubt anything would get to the point of legal action, and I know that I can't stop people from doing whatever in them if there's no evidence/proof, but I'd be satisfied preventing just the porn, because really in the long run that would be what would affect my reputation, since it's undeniable proof. 

Also, if you guys can think of a way to pretty up that clause by all means, let me know!
Tags: advice for artists, fursuit
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