Can you option a purchased commission for a potential cover? 0

[Blastaar]

If you purchase a commission that is cover worthy can you option it for a cover?

Edited May 25, 2022 by Blastaar

[Bird]

No, you do not get reproduction rights with the commission. the artist retains those rights, they can pitch it without your knowledge or permission I believe

this would be different with an original character you created obviously, you still can't pitch it though unless commission contract specifies so

[Blastaar]

On 5/25/2022 at 5:05 PM, Bird said:

No, you do not get reproduction rights with the commission. the artist retains those rights, they can pitch it without your knowledge or permission I believe

this would be different with an original character you created obviously, you still can't pitch it though unless commission contract specifies so

Thanks. What made me think of it was this great commission that somebody had from Neal that turned into a Cover for Detective 1000. It worked out that Neal ended up optioning it as a cover while he was working on it and then gave it to the individual. I was just thinking if it was the other way around and if someone was sitting on a great commission, would they be able to option it? 
 

[Rick2you2]

On 5/25/2022 at 6:05 PM, Bird said:

No, you do not get reproduction rights with the commission. the artist retains those rights, they can pitch it without your knowledge or permission I believe

this would be different with an original character you created obviously, you still can't pitch it though unless commission contract specifies so

Generally correct. In theory, you can buy the publication rights from the artist, such as at the time of commissioning, but if it isn’t clearly in a written part of a contract, it would not be considered that way (since 1978 or so).