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Proving Legal Art Use

Posted: Wed Jun 01, 2016 1:51 am
by destinysWalrus
Short Version:
I am planning to use art that I did not personally create, in notes that one of my characters may end up distributing. It is not public domain, but I do have the artist's permission to use it this way. I don't want this to become an issue later, so I'm trying to deal with it now. Is there someone I should contact so I can prove this, or should I just let it alone and assume it doesn't matter until/unless it comes up later?


Long Version:
I have an idea for a whole bunch of stories a character of mine is going to write, and I wanted art to go with the main characters. Because I can't draw for the life of me, I decided to commission an artist on DeviantArt to draw the characters for me. I explained that I wanted to use them off-site and she agreed. Now, these characters that I had her draw are going to be in a bunch of notes that I have no idea how widely scattered they will end up.

Since I didn't create the art myself I realize there could potentially be legal issues had I not gotten the artist's permission, so I wanted to establish that I do have that permission. I can provide screenshots of the notes where we discussed the commission, links to the art completed so far (for this project), and/or tell whoever is in charge of this how to contact the artist.

Or... I could assume that nobody really cares and go on with whatever, but I wanted to at least try doing the right thing as I saw it.

Re: Proving Legal Art Use

Posted: Wed Jun 01, 2016 5:01 am
by Wolfsong
If you want to do right by the artist, why not include their name, etc. in alt text?

Re: Proving Legal Art Use

Posted: Wed Jun 01, 2016 5:13 am
by MattWithoos
Wolfsong wrote:If you want to do right by the artist, why not include their name, etc. in alt text?


That's a great idea. I like it because it's unintrusive, and doesn't break immersion.

Re: Proving Legal Art Use

Posted: Wed Jun 01, 2016 6:09 am
by Joshuamonkey
destinysWalrus wrote:Is there someone I should contact so I can prove this, or should I just let it alone and assume it doesn't matter until/unless it comes up later?

I think what you're doing is just fine destinysWalrus.
Wolfsong wrote:If you want to do right by the artist, why not include their name, etc. in alt text?

And I think this would be fine.

I can provide screenshots of the notes where we discussed the commission, links to the art completed so far (for this project), and/or tell whoever is in charge of this how to contact the artist.

I think that would be me, and you have permission from the artist so you're in the clear legally. Honestly I think it's great that you (and the artist) are doing this.

Re: Proving Legal Art Use

Posted: Thu Jun 02, 2016 1:16 am
by destinysWalrus
Ohhhhh, alt-text, that's brilliant. I forgot I could do that. I just had a discreet ooc addition at the bottom of the note, think I'll change that now.

Anyway, thanks for the answers! Plans going full steam ahead, then.

Re: Proving Legal Art Use

Posted: Sat Jul 23, 2016 2:35 pm
by Alladinsane
From what I understand of copyright law, and it may vary by country.
You can use stuff with artist permission and sometimes you have to footnote credit.
You are only subject to sanction if you attempt to make profit from the use without permission.
Even then, the legal pursuit is usually civil unless the abuse becomes serial or repetitive.

When we are reviewing image submissions, you may want to contact PD prior so that your submissions are not 'accidentally' rejected.

We know Dali when we see it. :p

Be well

Re: Proving Legal Art Use

Posted: Sat Jul 23, 2016 6:32 pm
by HFrance