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William Roberge Byrne Robotics Member
Joined: 05 July 2006 Location: United States Posts: 11311
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Posted: 18 December 2012 at 9:12am | IP Logged | 1
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It is nice to see a Byrne/Wolverine of a more recent vintage as apposed to the much used....
Edited by William Roberge on 18 December 2012 at 9:41am
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Gundars Berzins Byrne Robotics Member
Joined: 14 March 2012 Location: United States Posts: 1563
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Posted: 18 December 2012 at 9:35am | IP Logged | 2
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Hmm... I wonder if they did the same thing with Bob Layton's Iron-Man? At least they used two greats.
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005 Posts: 133370
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Posted: 18 December 2012 at 9:52am | IP Logged | 3
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I was about to quibble that it's a John Romita Jr Iron Man, but there's really nothing left of Johnny under those inks!
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Brad Krawchuk Byrne Robotics Member
Joined: 19 June 2006 Location: Canada Posts: 5819
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Posted: 18 December 2012 at 11:25am | IP Logged | 4
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What if *I* drew that Wolverine, though? Proud of my stunning (and heretofore unknown) talent, I post it to Facebook or on here, where it becomes just another bit of Internet clutter... and then some toy company comes by, takes the image I made, and uses it as packaging without my permission.
Sure, I don't own the character - but I own the particular image I drew, don't I? And in this case, wouldn't the owner of the commission own that image since he was the one who paid for it to be done?
If Jim Lee drew a Spider-Man sketch for a fan at a con, or Joe Quesada drew a picture of Batman in the same circumstance, Marvel couldn't print the Jim Lee sketch as a cover of Amazing Spider-Man and DC couldn't print the Quesada Batman sketch as a cover of Detective Comics, could they?
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005 Posts: 133370
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Posted: 18 December 2012 at 11:40am | IP Logged | 5
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If Jim Lee drew a Spider-Man sketch for a fan at a con, or Joe Quesada drew a picture of Batman in the same circumstance, Marvel couldn't print the Jim Lee sketch as a cover of Amazing Spider-Man and DC couldn't print the Quesada Batman sketch as a cover of Detective Comics, could they? •• Like I said, as far as I understand it, when I do a commission piece of a copyright character (and convention sketches are commission pieces, just on a smaller scale), the money I am paid is a buy out, and the work "belongs" to the person who bought it. So they are pretty much free to do whatever they want with the piece, other than publish it. If, however, the actual owner of the copyright character wants to publish the piece, I can't think of anything that would block them from so doing. And, also like I said, I would not be particularly inclined to try to block them. This kind of falls under the heading of that "look the other way" thing working in both directions!
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Brad Wilders Byrne Robotics Member
Joined: 15 December 2008 Posts: 180
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Posted: 18 December 2012 at 12:50pm | IP Logged | 6
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Legally speaking, I would expect that most commissions are copyrightable independently of the copyright on the character. The artist, as the author, would own the copyright on the commission (absent prior agreement with the publisher) provided the commission contains enough "originality" to qualify for copyright protection (a low threshold), while the publisher owns the copyright on the character. Unless the artist transfers his copyright in the commission to the purchaser, the commission owner has no legal right to prohibit use of the commission under copyright law.* He simply owns the physical artwork. He can privately display it but he cannot use it in any way protected by copyright law (thus, he cannot make a copy of it, publish it, put it on public display, etc.) unless he has permission from the artist who created it and the publisher who owns the characters. But, if the publisher wants to use the commission, typically it would need to seek permission from the artist (not the purcahser) because the artist owns the copyright in the commission. Of course, as John suggests, no artist is required to enforce his copyright and "block" a publisher if he does not want to do so. If it is your intent, however, to transfer your copyright in the commission to the purcahser (and so give that right to the purchaser), then it must be done in a writing signed by you to have legal effect under the copyright laws.
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005 Posts: 133370
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Posted: 18 December 2012 at 12:53pm | IP Logged | 7
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I'd prefer to leave it all as metaphorical "handshake deals". The aforementioned "gentlemen's agreement".And now, may I suggest we move on?
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Dave Aikins Byrne Robotics Member
Joined: 31 July 2007 Location: United States Posts: 2110
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Posted: 18 December 2012 at 2:05pm | IP Logged | 8
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JB-Those are very rough mock-ups only. They are made from things they don't own: your art, Bowen statues, Hot Toys Tony Stark head, etc... Nothing in there is final.
Now, that doesn't excuse anything...
I liked how they did a photoshopped mock-up of their upcoming Batman costume, and it was made up of dissected parts of DC Direct's 13" Batman figure. Using another company's product to sell your new product. yeesh.
Basically, what you have here is a small company that really doesn't know what boundaries they have when doing their mock-ups. Or, if they know, they don't care. I have a feeling they would justify it as "done quickly & cheap to get the idea across"
I'd really hope that they would contact you if they wanted to use your commission art for the final package. They are very active in the comics world, and have used artists like Joe Jusko to create new art for some of there other packages.
The final products have been pretty nice (except for their horrible Captain America mask sculpt). I'm getting Thor & Loki for Christmas. They are wonderful. I'll post some pictures when I get them opened... and dress up my dolls...
Edited by Dave Aikins on 18 December 2012 at 2:12pm
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005 Posts: 133370
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Posted: 18 December 2012 at 5:14pm | IP Logged | 9
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NOW can we move on?Pretty please?
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Ryan Maxwell Byrne Robotics Member
Joined: 16 April 2004 Location: United States Posts: 12954
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Posted: 21 December 2012 at 10:42am | IP Logged | 10
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I picked up Batman and Superman keychains at the LEGO store. A couple of quick snips with a wire cutter and the chains are gone. A quick and cheap alternative to not buying full sets.
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Craig Markley Byrne Robotics Member
Joined: 16 April 2004 Location: United States Posts: 3969
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Posted: 21 December 2012 at 10:50am | IP Logged | 11
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I wish Lego would put out Han Solo keychains. They have just about every other character available BUT Han.
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Michael Roberts Byrne Robotics Member
Joined: 20 April 2004 Location: United States Posts: 14857
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Posted: 21 December 2012 at 11:13am | IP Logged | 12
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Speaking of Legos:
The Lego sets shown are fan-made proof of concept sets to convince Lego to produce Back to the Future sets.
Edited by Michael Roberts on 21 December 2012 at 11:14am
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