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John Byrne
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Grumpy Old Guy

Joined: 11 May 2005
Posts: 133339
Posted: 20 February 2008 at 10:12am | IP Logged | 1  

Single recreations or one-off illustrations are allowed. That is the basic
rule for commissions.

>>>But couldn't the copyright holders change that policy at any time by
pursuing all violators?

••

"All" is the keyword. Suppose WhizBang Comix decided to stop non-
licensed (ie, commissioned) drawings of Captain Fonebone. And suppose
they went after Joe Staffhack for all the Captain Fonebone commissions
he has done since he left WhizBang. Staffhack would be able to say
"Unless you are going after everybody -- which means every single
drawing done of this character for which you did not receive a licensing
fee, like those done by kids at cons for a quarter a pop -- this is
harassment. Because this has been a standing tradition for half a century
or more, that horse has long since left the barn."
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Knut Robert Knutsen
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Joined: 22 September 2006
Posts: 7374
Posted: 20 February 2008 at 10:13am | IP Logged | 2  

"Using his ostensibly rejected "design plans" to build a new but essentially identical "house" with a different contractor is intellectual property theft.

>>Oops...there it goes..."

Amazing. A retort that clearly indicates the quality of your wit.

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Anthony castrillo
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Joined: 17 February 2005
Location: United States
Posts: 781
Posted: 20 February 2008 at 10:15am | IP Logged | 3  

I stand corrected, i TRACED the piece.
Lesson learned.
mac
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John Byrne
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Grumpy Old Guy

Joined: 11 May 2005
Posts: 133339
Posted: 20 February 2008 at 10:15am | IP Logged | 4  

…apologized unequivocally…

••

"For the record I drew the piece and was paid, I did not have artists ethics
rule book out and missed the part on intellectual property and proper
etiquette."

Reads like equivocating to me!
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Scott Nickel
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Joined: 10 July 2005
Location: United States
Posts: 132
Posted: 20 February 2008 at 10:15am | IP Logged | 5  

Michael said:

The end product is irrelevant.

>>Irrelevant?

If the an architect's plans get stolen, but no
houses get built, does it negate the fact that the plans were stolen?

>>It's not a house. That's why the analogy is flawed.

As an artist, do you feel you are being compensated solely for producing
a piece of paper with lines on it, or are you being compensated for
designing and laying out what is on the paper?

>>>Depends on what rights are purchased. In the case of comics, the company buys the "image" for an agreed-upon sum; the artist is free to sell the physical artwork.

I've purchased commissions from artists who charge for a digital
commission and ask for extra to have the art physically sent. Should I tell
that since I've received no physical artwork, they didn't really do
anything?

>>>That’s because you can keep the digital image for yourself and sell the physical artwork to a second party. I'd charge more for that, too.

I think Darren outlined it best, by taking the scan of the
commission and having someone else "recreate" it, Pat, has pretty much
accepted the commission.

>>>Implied, perhaps. Overtly stated, no.

 

edited for failure to use spell-check. Ouch!



Edited by Scott Nickel on 20 February 2008 at 10:26am
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Scott Nickel
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Joined: 10 July 2005
Location: United States
Posts: 132
Posted: 20 February 2008 at 10:17am | IP Logged | 6  

I said:
>>>But couldn't the copyright holders change that policy at any time by
pursuing all violators?

••
JB said:


"All" is the keyword. Suppose WhizBang Comix decided to stop non-
licensed (ie, commissioned) drawings of Captain Fonebone. And suppose
they went after Joe Staffhack for all the Captain Fonebone commissions
he has done since he left WhizBang. Staffhack would be able to say
"Unless you are going after everybody -- which means every single
drawing done of this character for which you did not receive a licensing
fee, like those done by kids at cons for a quarter a pop -- this is
harassment. Because this has been a standing tradition for half a century
or more, that horse has long since left the barn."

>>>Exactly! That's what law is all about. It's rarely about what's moral.

 

edited for attribution



Edited by Scott Nickel on 20 February 2008 at 10:18am
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Scott Nickel
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Joined: 10 July 2005
Location: United States
Posts: 132
Posted: 20 February 2008 at 10:20am | IP Logged | 7  

Knut said:

"Using his ostensibly rejected "design plans" to build a new but essentially identical "house" with a different contractor is intellectual property theft.

>>Oops...there it goes..."

Amazing. A retort that clearly indicates the quality of your wit.

--------------------------

May I ask why you feel the need to engage in personal attacks? Do I know you?

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Anthony castrillo
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Joined: 17 February 2005
Location: United States
Posts: 781
Posted: 20 February 2008 at 10:23am | IP Logged | 8  

In other words, if i knew that tracing the piece would insult anyone, offend
anyone, break laws even. I WOULD NOT HAVE DONE IT.
Well, you boys play nice, i got a dying father to take care of.
John, just ban me cause i doubt ill come around here again.
All my best,
mac
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Michael Roberts
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Joined: 20 April 2004
Location: United States
Posts: 14857
Posted: 20 February 2008 at 10:23am | IP Logged | 9  

>>>That;s because you can keep the digital image for yourself and sell the
pohysical artwork to a second party. I'd chagre more fior that, too.

---

So the act of designing of an image has some monetary value separate from
the physical artwork?
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Trevor Giberson
Byrne Robotics Chronology
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Joined: 16 April 2004
Posts: 1888
Posted: 20 February 2008 at 10:24am | IP Logged | 10  

As stated before, I have no problems with what Anthony did.  It's no different than what a ton of comic artists are doing out there.  Pat on the other hand screwed up royally.

Send me a PM Anthony... maybe we can talk about a commission for me.

An original composition, of course ;-)



Edited by Trevor Giberson on 20 February 2008 at 10:24am
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Armindo Macieira
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Joined: 15 October 2006
Location: Portugal
Posts: 955
Posted: 20 February 2008 at 10:28am | IP Logged | 11  

This seems very simple to me...

If Pat had payed for the comission and would present it to another artist to trace it, fine by me. It was HIS piece, he can sell it on Ebay, burn it, give it to the homeless, whatever...

If Pat had seen the comission and decided he wouldn't pay for since it wasn't what he asked, well, okay. If it wasn't indeed what he wanted, well he could either accept it, let JB change it or refuse it.

Now what happened is that he TOOK (keyword) the piece from this forum and use that same piece to TRACE (as in "swipe") it and didn't pay the original artist!

I don't know how this could be more simple...

It's almost like asking for a comission to both a penciler and a inker, take the art from the penciler, give to the inker and after the job is done, you only pay the inker... forget about the penciler, he JUST draw the scene, arranged the characters, composition,...

PS. I hope your father gets well MAC.


Edited by Armindo Macieira on 20 February 2008 at 10:30am
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Bob Simko
Byrne Robotics Security
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Negative Mod

Joined: 16 April 2004
Posts: 5982
Posted: 20 February 2008 at 10:29am | IP Logged | 12  

NOW I've almost seen it all...the guy who gets paid for copying someone else's work (when the original artist didn't get paid for it) is behaving the victim!

Also interesting that a self-described Illustrator/Designer is blissfully unaware that this could be seen as questionable.

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