Rights of illustrations, original art, and derivative work.

[Cergorach]

A couple of things i'm wondering about:

Most professional freelance illustrators in the RPG business sell the right of their illustrations for publication only (correct me if i'm wrong), unless specified this is for printed and/or digital publication, and possibly advertisement of the product.

The original is often still owned by the artist and often has the right to sell the original or distribute individual prints.

Now assume i commision interior illustrations of a dragon, i pay the artist, and use it in a publication. Six months later i decide that the dragon is so kewl that it should be made into a dragon, can i commision a sculptor to create a miniature based on the dragon illustration? Either as an exact copy of the illustration or as a derivative work? How about if i bought the original illustration? Or do i have to buy the miniature rights seperately from the artist?

How about if i wanted to produce a miniature of an illustartion published in someonelse's book? Would i have to contact the publisher, the artist, or both?

When does the art actually 'belong' to someone else in terms of decisions (what can be done with it and by whom)?

(for the entire post goes correct me if i'm wrong ;-)

 

[s/LaSH]

If I were the artist in question, I would check the fine print of our agreement, then tell you what exactly I thought. Most of the time, I sell single-project-use exclusive rights (which I'll abbreviate XR), but sometimes I sell single-project-use nonexclusive (NXR). Both types would mean I retain all further rights to the picture - you'd need to reach an agreement with me in order to produce derivatives. However, XR projects would likely be cheaper, as you'd already have the art and I wouldn't be likely to resell it. NXR projects, or projects where you didn't buy all rights (just electronic, frex - a common agreement in my field), are trickier, as I'd be perfectly within my rights in selling the right to create a derivative to someone else. I might still cut you a deal regarding the item if we were NXR, but I might not, especially if I've got a standard resale value.

If you wanted to create a dragon mini that looks roughly like my illustration, but isn't an obvious posed derivative, I'd probably be fine with that. That's 'standing upon the shoulders of giants', and that's why civilisation advances. If, on the other hand, you've asked me to create a monster off the top of my head, and I've drawn something weird and unique, and asserted the fact that I'm the creator of this entity, then even a rough duplicate may require my approval - I'm not sure of the legality here, but I'd talk and see if something can be sorted out.

If you want to create a mini based on something you have no connection to, get that connection. See if the publishers own rights to the image; see if the rights are transferable. If they're allowed to allow you to create the mini, you'll have to come to an agreement with them. If not, the rights likely lie with the artist, who you should request they put you in contact with if you can't find them on your own (artists love being offered money, I guarantee it).

All this is useless if you've negotiated absolute ownership of the artwork in question. If you own it, you own it.

Also, if you're only going to produce a single mini for personal use, I'd be less cautious. (But I get the feeling that's not what you're asking.)

As always, check the fine print, and if in doubt see a lawyer.

 

[tonym]

I am no lawyer, but I am an illustrator who has read and signed many contracts and this is what I think (IMO, in other words): If you have an agreement with an artist to use his or her artwork for X and only X, then using it for Y or Z could possibly violate the artist's copyrights. That includes making a derivative work from his or her artwork.

In a nutshell: Unless an artist sells you specific rights, those rights remain in possession of the artist. Even if he or she sells you the original to hang on your wall.

Hope that helps.



Tony M