My commission turned to print

[G.A.tor]

A few years ago I commissioned this with Greg Horn, and recently noticed he made colored print of it.

Interesting.

 

[Terry Doyle]

Could also double-up as somewhere to park the bat-bicycle!

 

[alxjhnsn]

My daughter has had two commissions by Thom Zahler of Love And Capes and Long Distance fame turn into good selling prints (click to embiggen):

 

 

 

Yale Stewart of JL8 fame did the same with one of mine.

 

We are both pretty happy to see our ideas in prints.

[kav]

Definitely Intere$ting!

[G.A.tor]

I havent had many commissions done, but I thought the point was to have a unique piece...not something that is out there?

[jaybuck43]

Did you sign any kind of agreement with him? You could file for copyright rights and try to collect royalties for the sale of the prints.

[comix4fun]

I havent had many commissions done, but I thought the point was to have a unique piece...not something that is out there?

 

 

 

 

Take it as a compliment.

 

I've commissioned well over a hundred pieces of art over the years. If this was your idea then take it as a compliment that your concept is something that someone other than you thought was cool.

 

If you strip it down to the legalities of the thing. Unless you contracted for the copyright to the image you had him create you only bought the original artwork. The artist holds the copyright to what he creates unless you negotiated those rights at the time you commissioned it. Under some exceptions to trademark law and the rights holders to these characters a limited run of prints can be created without violation.

 

But aside from all that. The piece you have is unique. You own the one and only original. What everyone else is buying is a copy. They'll never have the original.

 

Of the dozens and dozens of commissions I've created maybe 15-20 have been made into limited prints, 10 or so became published in the artists own sketchbooks, 7 became published as splash pages or pinups in comics or magazines, and 2 became covers to comics or tpbs.

 

I take it as a compliment that my ideas are good enough to appeal to more than just my own twisted imagination. You should too.

 

[comix4fun]

Did you sign any kind of agreement with him? You could file for copyright rights and try to collect royalties for the sale of the prints.

 

 

Doubt it would work. Artists hold copyright to their work unless that was worked into the original deal. I've done enough of these to have dealt with all these issues more than once. All we are buying when we commission artwork is the piece of art itself.

[jaybuck43]

Depends on whether or not it fits the Work for Higher test, then it doesn't need to be.

[comix4fun]

Depends on whether or not it fits the Work for Higher test, then it doesn't need to be.

 

 

 

It fails....I've been there.

 

The case is Community for Creative Non-Violence v. Reed

 

 

You determine if this is work created by an "employee" or "independent contractor".

 

It fails the employee test and falls directly into independent contractor.

 

That's where the Supreme Court specifically said:

 

A work created by an independent contractor can be a work made for hire only if (a) it falls within one of the nine categories of works listed in part 2 above

and (b) there is a written agreement between parties specifying that the work is a work made for hire.

 

 

The AND negates the need for me to list the 9 categories. If there's no agreement specifically that it's work for hire then it's not.

[G.A.tor]

Didn't give prints any thought at initial comission request

[Mighty Hal]

Just to muddy the waters: I commissioned two pieces (same artist) for fun, then decided later I wanted to use one of them as a cover on a commercial project. When I contacted the artist to check on rights, he wrote back, "You own 'em, Hal. You can do whatever you want."

[comix4fun]

Just to muddy the waters: I commissioned two pieces (same artist) for fun, then decided later I wanted to use one of them as a cover on a commercial project. When I contacted the artist to check on rights, he wrote back, "You own 'em, Hal. You can do whatever you want."

 

 

That should cover you. They hold the rights even if it's unspoken, and can only give them up if bargained for, so it's good to talk to them if you want to use it for publication.

[comix4fun]

Didn't give prints any thought at initial comission request

 

 

It's pretty common in commission world. Most of the time a piece will get put into a sketchbook sold at their tables. If it's really good it will make it into a print. It's it's great and catches the eye of their publisher it may make it into a comic (as long as it's not Marvel and DC as they have a policy against using a piece that was a commission not requested by them)

[G.A.tor]

Good info folks. Thanks

[comix4fun]

Good info folks. Thanks

 

 

I will say this.

The really good guys will ask you if it's ok, even though they don't have to, before making prints of your piece.

 

The best guys will ask you if it's ok, and then give you 5-6 of the prints for free as well.

 

Some guys don't do either. There's nothing wrong with it and they are within their rights, but a little common courtesy doesn't hurt anyone.

 

When they go to actually publish the commission it's a little different.

 

I've had editors call me and ask me if it's ok to use my piece as a cover or splash page. It's like telling me "Hey, can we make your piece worth 5 times what you paid for it?" And it's a no-brainer. They didn't even have to ask, but I take the news as a windfall.

[batman_fan]

A few years ago I commissioned this with Greg Horn, and recently noticed he made colored print of it.

Interesting.

 

 

OMG Rick I never knew you were a super freak

[NelsonAI]

Many moons ago, a fan commissioned Walt Simonson to do a Batman / Joker cover quality piece. Someone at DC saw it and used it as a published cover. The fan ended up with a published cover for the cost of a commission.

 

When it happens, consider it a bonus.

 

Cheers!

N.

[Meeley Man]

When I've gotten commissions and the artist later turns it into a print, I find it to be a sign of respect and pride. They thought my idea was good enough to make it something they want to keep showing and I will always have the original, while others much be content with a mere copy. I don't see the problem. Especially since the commission is likely of a character or property I don't owe anyway. :shrug:

[kav]

OA that sees print is far more valuable than otherwise. By using your piece he has increased its value tremendously.