They have absolutely no right to dictate how your character is depicted.

To the best of my knowledge there's not really any way to 'copyright' a species since the purpose of copyright law is not to protect ideas, but the expression of those ideas. So say they draw a picture of a fictional species they invented, they have the copyright of that image, but cannot claim ownership of fluffy ears, heart-shaped markings or tails of X length.

Yeah, that's not gonna stand up in court on copyright grounds. Even a trademark would only protect the brand; so you could create a blue-skinned alien, you just couldn't call it a Smurf. (You'd run a risk creating a specific character, such as Applejack, although that hasn't stopped people before.)

Now, it might be possible to create a design patent to cover the ornamental aspects of a particular style of fursuit, if it contained novel features. They don't cost too much ($250 or maybe $125 in certain circumstances, plus any legal fees), but there are interesting unresolved questions with costumes as to whether the ornaments can be separated from its function as clothing.

I have not heard of anyone doing this yet in the fandom. It might make more sense for someone like Bad Dragon.

Edited at 2012-03-22 08:57 pm (UTC)

My fursona is someone else's open species, and I'm lucky enough that they're not giving me any problems with that sort of thing (rather, encouraging it even!)

But on the off chance you get someone like you described...echoing what's been said. Might be some hurt feelings on their side, but not much they can do about it.

it seems to me that the rules depend completely on the creator of the species. If they only want people to get suits from them or a certain other, there's not much wriggle room there. I doubt any kind of legal action would be taken, though, since species are only so original (I created an open species some time ago and there's at least 3 other extremely similar concepts around that I know of).

I have an open species, and all I've asked for is that people credit/link back to me when they use the concept, and that they not make any profit off of the original images. I can't stop anyone from selling commissions of characters based on that concept, so I can't say that it is only for non-profit use, since the artist selling the commission is profiting from my idea in a sense. Though I do ask that people talk to me before using the concept in books/media intended for public sale or display, but it's an open species. That is just a request.

The thing is, while the species/concept is my creative property, the characters/derivatives definitely are not. The rules surrounding them are all up to whoever created the character itself.
I say rules, not laws, because I don't think there are a whole lot of actual laws surrounding work that isn't legally copy-written or trademarked.

Correct me if I'm wrong, but I think the only thing the species creator has any real right to, is that no one else claim credit for the original design/concept/species.

This all seems pretty specific though, is it a general question, or are you speaking about a particular case with a specific artist?

I think the best you can do is have a creative commons license for your species. http://creativecommons.org/licenses/

I would make a concept art sheet with main characteristics and explanations, then select one of the more restrictive licenses that say you allow derivative works, as long as they carry the same license. One of the CC licenses says you will allow derivatives of the work as long as its non commercial, which would allow for you to say not commission someone else for a representation of the species you drew, even if they had different colors.

You could request that derivative works appear a certain way, but if you only want that species portrayed by certain artists, you'd have to individually license each artist to use that representation of the species. Unless someone expressly enters into a contract with you about using your species, there's not much stopping them from doing something outside the scope of your license.

If you make an open species, I think it would be under public domain, in which case you don't have much say over how it gets represented.

Even with the creative commons license, any copyright would be hard to hold up simply due to the location of the offenders and the scope of the damages. Meaning, if someone in Portugal commissioned a fursuit of your species against your will, how/where are you going to bring them to court and how much would you collect? Is it worth it?

And since most animals and combinations thereof are in the public domain simply because only the creator of the universe can claim to have made them first, nothing's to stop someone else who just happened to think of something similar to your species from doing what they want with it. Like someone else said, as long as they don't call it the same thing, it can't really be concluded that they got the idea from you.

I had someone bitch, moan, and decline a commission because i took the ears of a Crux

As many have said, legally you're in the clear to do pretty much anything. But I do hope that you would consider more than just what one can get away with in court.

You appreciate this person's creation enough to want to use it yourself. Doesn't this warrant a bit of respect for their wishes? Or does your own desire, or opinion that their wishes are unreasonable, entitle you to disregard them? Those are the questions you need to answer.

(And those questions could spawn a gigantic argument, I'm sure. For my own part, at least, I leave it for the OP to decide and won't be arguing the issue further.)

I've always wondered why people think they're "original" species is actually theres. I'm positive that it's been thought up before and used before they even considered the idea. It pains me to see when someone says you're not allowed to have a character of the species unless you ask for permission first, and even if they list "I usually say yes" it's still give me a head ache knowing they're in this sort of mindset.

Though on a more on-topic standpoint you don't have to abide by the rules the "creator" has set when it's your character you're commissioning from others, even if they tell you only to commission from certain people they have nothing to back them up if you don't.

Like others have said it's more of being polite than law binding, you don't have to let them know nor do you have to listen to them.