| Posted: 18 December 2012 at 9:01am | IP Logged | 12
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I don't really know how this would work. The "gentleman's agreement" (ie, the publishers looking the other way) that allows freelancers to do commissions of copyrighted characters has a lot of gray areas. I would not be surprised if NO "permission" was sought. The piece was probably just assumed to be clip art. Certainly, I would have no interest in contesting this particular use. Coincidentally, Jim Warden recently contacted me about Marvel having expressed an interest in using a commission piece as a cover. I told him that, since I consider the money I am paid for commission pieces to be a "buy out", that decision would properly belong to the owner of the commission. (Heads up to the Byrne Bashers. This is your cue to run around foaming at the mouth, declaring me to be a "hypocrite" since I "won't work for Marvel" but I "allowed" this!)
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