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Darryl Steventon Byrne Robotics Member
Joined: 05 July 2006 Location: United Kingdom Posts: 16
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Posted: 09 September 2006 at 8:45am | IP Logged | 1
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I have a question that has been bugging me for a while.
If I asked for a commissioned piece by Mr Byrne that was a version of a classic X-men Cover, and paid Mr Byrne for said work, Does this break copyright?
The reasoning behind this is that Marvel own the trademarks of the various characters, and the (I assume) the copyright of the original works - is the commisioning of a copy any different legally to copying by scanning the original?
Does Mr Byrne need to pay a royalty to Marvel for using their trademarks for profit?
This isn't meant in disrespect to Mr Byrne - it is a genuine query.
Edited by darryl steventon on 09 September 2006 at 8:45am
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005 Posts: 132393
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Posted: 09 September 2006 at 8:56am | IP Logged | 2
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If I asked for a commissioned piece by Mr Byrne that was a version of a classic X-men Cover, and paid Mr Byrne for said work, Does this break copyright?**** Freelancers doing drawings for the fans, and getting paid for them, is a convention of the industry almost as old as the industry itself. Traditionally, it has been considered free advertising, and "fair use". Mostly, for the Companies to try to shut it down would simply be too much trouble. Can you imagine trying to maintain a watchful eye on every convention, in ever state, every country? The mind boggles. When the problem rises is in reproduction. A few years back Marvel shut me down when I printed up a few hundred copies of a Fantastic Four miniposter that I intended to sell at a convention, donating the proceeds (proceeds, not profits) to Breast Cancer Research. If you were to order up a recreation of a favorite cover, that would not be a problem. If, however, you (or I, or anyone) sold prints of that recreation, then copyright would be infringed. It's my understanding that this is essentially what happened to Carl Barks. Disney was prepared to look the other way when he was doing duck paintings for paying customers. They clamped down when he started selling prints.
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Daniel Kendrick Byrne Robotics Member
Joined: 16 April 2004 Location: United States Posts: 3020
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Posted: 09 September 2006 at 10:54am | IP Logged | 3
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Since this is the 4th or 5th time a copyright question has been brought up in the past 2 months perhaps it should go into the faq?
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Nathan Greno Byrne Robotics Member
Joined: 20 April 2006 Location: United States Posts: 9154
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Posted: 09 September 2006 at 1:54pm | IP Logged | 4
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You could always make a print/poster out of the DU commission, John!
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Daniel Kendrick Byrne Robotics Member
Joined: 16 April 2004 Location: United States Posts: 3020
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Posted: 09 September 2006 at 1:56pm | IP Logged | 5
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I'd buy one.
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Gerry Turnbull Byrne Robotics Member
Joined: 16 April 2004 Location: Scotland Posts: 8767
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Posted: 09 September 2006 at 2:18pm | IP Logged | 6
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Steve Rude regularly issues sketchbooks containing his commissions, i wonder how he gets around this copyright issue?
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Shaun Crowell Byrne Robotics Member
Joined: 16 April 2004 Location: United States Posts: 874
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Posted: 09 September 2006 at 9:12pm | IP Logged | 7
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I wondered about that myself, regarding Rude, he also sells prints of commissions of Marvel and DC characters.
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005 Posts: 132393
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Posted: 10 September 2006 at 6:26am | IP Logged | 8
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Rude may be paying a lisencing fee.
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Gerry Turnbull Byrne Robotics Member
Joined: 16 April 2004 Location: Scotland Posts: 8767
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Posted: 10 September 2006 at 6:57am | IP Logged | 9
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would you consider that JB?
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Gerry Turnbull Byrne Robotics Member
Joined: 16 April 2004 Location: Scotland Posts: 8767
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Posted: 10 September 2006 at 6:58am | IP Logged | 10
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just noticed your new avatar JB. what is that?
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005 Posts: 132393
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Posted: 10 September 2006 at 7:53am | IP Logged | 11
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12 year old me on Hallowe'en.
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Richard Siegel Byrne Robotics Member
Joined: 04 January 2005 Location: United States Posts: 868
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Posted: 10 September 2006 at 10:44am | IP Logged | 12
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Are you the Bat?
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