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Old 04-06-2011, 12:24 PM   #1
Phatman
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Do whatever you want

Just a quick observation. If you are an artist, get a table at a convention, and sell prints of whatever copyrighted or trademarked property that you want to. Nobody cares.

We've had a lot of debates and discussions on this subject over the years and I have come to the conclusion through my observations that this is an easy way to make money and get people to your table to promote your creator-owned work. There are no legal ramifications. There are no consequences. End of debate. End of story.

Is it right? Is it moral? Is it legal? No. No. No. However, it is the equivalent of going 40mph in a 35mph zone. Nobody is pulling you over. The difference seems to be if you do something profane or really over the top it might land you in trouble (that's a 70mph in the same 35mph zone). Swiping the work of other artists will equally get you dinged. However, that's about it.
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Old 04-06-2011, 12:47 PM   #2
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So if you're doing sketches or commissions of Wolverine or Batman, provided it's original work on those characters, you're cool?

I only ask because I'm going to try my hand at some sketches at the con this weekend. They won't be pretty, but they'll be...nope, not pretty.
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Old 04-06-2011, 01:08 PM   #3
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Quote:
Originally Posted by Mark Bertolini
So if you're doing sketches or commissions of Wolverine or Batman, provided it's original work on those characters, you're cool?

I only ask because I'm going to try my hand at some sketches at the con this weekend. They won't be pretty, but they'll be...nope, not pretty.
Mark:

Honestly, I think you could do convention sketches of whatever you want. Everybody else draws whatever they want. I've seen so many artists selling sketch books and original prints of characters from every company out there that they've never worked on, that I don't see how it matters anymore.

This is just what I've observed at the cons I go to (which is a lot of them).
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Old 04-06-2011, 01:11 PM   #4
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But what if I use this idea- if I take a nice pic of Darth Maul from one artist, then Photochop in a nice pic of ben Kenobi INTO the eye of Darth Maul from another artist, then photochop some squiggles in front of Darth Maul's face, then make prints from Photochop, that means it's my idea and I made it original. COOL! I'll sell it! I love Photo-chop.
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Old 04-06-2011, 01:14 PM   #5
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So I can draw wolverine, but I can't draw wolverine graphically sodomoizing someone with one of his claws?
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Old 04-06-2011, 01:15 PM   #6
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So I can draw wolverine, but I can't draw wolverine graphically sodomoizing someone with one of his claws?
You got it.
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Old 04-06-2011, 01:50 PM   #7
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Quote:
Originally Posted by Flairbrusher
But what if I use this idea- if I take a nice pic of Darth Maul from one artist, then Photochop in a nice pic of ben Kenobi INTO the eye of Darth Maul from another artist, then photochop some squiggles in front of Darth Maul's face, then make prints from Photochop, that means it's my idea and I made it original. COOL! I'll sell it! I love Photo-chop.
-Luv, Rob.
The line gets drawn stealing artwork, not characters or properties. I think the companies just look at it as promotion of their properties. An artist is probably going to be pissed by you stealing their work.
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Old 04-06-2011, 02:21 PM   #8
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Originally Posted by Phatman
The line gets drawn stealing artwork, not characters or properties. I think the companies just look at it as promotion of their properties. An artist is probably going to be pissed by you stealing their work.
Well, you stand a chance of pissing off more than just the artist-- as Rob G discovered. You just MIGHT get picked up by Bleeding Cool and become the industry whipping boy of the week.

Don't get me wrong, what Rob did was wrong-- through and through-- but that's not the point of this thread-- and you're correct with your original assessment: look, if you want to draw Wolverine or Batman...or Wolverine AND Batman in your sketch book/ashcan/commissions ect-- it's HIGHLY unlikely that you'll incur the wrath of a major publisher's legal department. For the most part, it's not like they care too much.

You remember about 10 years ago, you'd go to a dirt mall and see the guy airbrushing tee-shirts-- he'd do an awesome Warlock, or Wolverine (the Hulk also comes to mind), just as quickly as he'd do a bitchin' Van-- that guy didn't care about comics at all-- so for him, there was never a discussion about Trademarked characters-- he was just airbrushing to get paid.

You're probably fine-- don't swipe other artists though.

Just from a personal standpoint though: I doubt I'd ever buy a "name brand character" sketchbook from you though-- I mean, I have Travis Charest's sketchbook-- and you are not Travis Charest.
That said, if you had a compelling and imaginative sketchbook that caught my eye and was filled with original ideas that I've never seen before-- stuff that I CAN'T get from a big 2 book--
...but I understand that's just me and probably a handful of other dudes out there.
I'm just saying, if you're eating Ramen every night because your artist salary isn't allowing you to splurge on Grilled Cheese, I'm not gonna fault you for drawing Batman.
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Old 04-06-2011, 03:17 PM   #9
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Originally Posted by citizentim
Well, you stand a chance of pissing off more than just the artist-- as Rob G discovered. You just MIGHT get picked up by Bleeding Cool and become the industry whipping boy of the week.
I hope you mean Rob G as in Rob Granito the idiot, and not Rob G. the extremely cool REAL comic book artist.
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Old 04-06-2011, 03:44 PM   #10
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Quote:
Originally Posted by citizentim
Well, you stand a chance of pissing off more than just the artist-- as Rob G discovered. You just MIGHT get picked up by Bleeding Cool and become the industry whipping boy of the week.

Don't get me wrong, what Rob did was wrong-- through and through-- but that's not the point of this thread-- and you're correct with your original assessment: look, if you want to draw Wolverine or Batman...or Wolverine AND Batman in your sketch book/ashcan/commissions ect-- it's HIGHLY unlikely that you'll incur the wrath of a major publisher's legal department. For the most part, it's not like they care too much.

You remember about 10 years ago, you'd go to a dirt mall and see the guy airbrushing tee-shirts-- he'd do an awesome Warlock, or Wolverine (the Hulk also comes to mind), just as quickly as he'd do a bitchin' Van-- that guy didn't care about comics at all-- so for him, there was never a discussion about Trademarked characters-- he was just airbrushing to get paid.

You're probably fine-- don't swipe other artists though.

Just from a personal standpoint though: I doubt I'd ever buy a "name brand character" sketchbook from you though-- I mean, I have Travis Charest's sketchbook-- and you are not Travis Charest.
That said, if you had a compelling and imaginative sketchbook that caught my eye and was filled with original ideas that I've never seen before-- stuff that I CAN'T get from a big 2 book--
...but I understand that's just me and probably a handful of other dudes out there.
I'm just saying, if you're eating Ramen every night because your artist salary isn't allowing you to splurge on Grilled Cheese, I'm not gonna fault you for drawing Batman.
I think the issues are separate with that Granito guy. He swiped and stole other people's work as well as lying about his resume. I'm not saying that you or anybody else should ever do that. What's the point? You might make some $ in the short term, but what are you building as an artist if all you do is copy or swipe others' work?

I have a lot of sketchbooks and I agree that the original stuff is more intriguing to me than "so'n so's" take on Batman. You and me aren't average fans though. My point is that it's an easy way to gain attention to your table and your other work to have something familiar to draw people and make some additional sales. I've never done this, but it's an observation that I have made.

The people that ONLY sell their renditions of known properties and have no book to promote or market are just hobbyists trying to turn a buck. I don't get why you would do that, but to each, their own. I'm aiming this at the guys who are trying to get attention to their tables at conventions who have books to hock, promote, etc.
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Old 04-06-2011, 04:20 PM   #11
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Well, the freedom to actually create one offs of your own drawings of copyrighted characters is actually a good way to perpetuate the industry. And yeah, I could be one of those airbrushers. I used to do it on foamboard.
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Old 04-06-2011, 04:36 PM   #12
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What if my name were Rob Granito?
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Old 04-06-2011, 04:42 PM   #13
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What if my name were Rob Granito?
I would change my name to Ron Philips.
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Old 04-06-2011, 05:03 PM   #14
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Quote:
Originally Posted by Phatman
Mark:

Honestly, I think you could do convention sketches of whatever you want. Everybody else draws whatever they want. I've seen so many artists selling sketch books and original prints of characters from every company out there that they've never worked on, that I don't see how it matters anymore.

This is just what I've observed at the cons I go to (which is a lot of them).
Is not that nobody cares, is that you are having a table at a convention and YOU CAN sell prints
of whatever copyrighted or trademarked property that you want to, WHEN INSIDE the comics convention.
That means the publishers ALLOW YOU to do so. Don’t be mistaken.
For them, that is FREE PROMOTION and advertisement on their products and trademark properties.

Now, try to do the same, selling their precious trademark properties at Ebay or any other “public”
online service and they will be suddenly over your shoulder, wailing sirens, forcing you to pull over.
You are now on flagrant infraction.
That’s one thing.

Other thing are these bastards who swipe other artists artwork trying to pass it as theirs.
These should be tarred and feathered.
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Old 04-06-2011, 05:12 PM   #15
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Quote:
Originally Posted by Scribbly
Now, try to do the same, selling their precious trademark properties at Ebay or any other “public”
online service and they will be suddenly over your shoulder, wailing sirens, forcing you to pull over.
You are now on flagrant infraction.
That’s one thing.
.
go run a search on ebay for "sketchcard" this sort of thing isn't being policed as strongly as it was 5-10 years ago.
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