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Friday, May 6, 2016

When is it Right to Use Art You Don't Have a Right to As a Self Publisher?

Short answer? Never.

Long answer? As a self publisher / writer, you are supposed to play by the rules. You wouldn't want someone using your work without authorization, so why should you use someone else's art work without authorization? Without the right? Especially if you want to be considered "legit".

We are not talking printing something out for your own personal use. We are talking something sold to your customer base (BTW, even something given away for free is considered a sale by law - ask many a pot smoker who passed along a doobie amongst friends, only to have each and every one charged with "sale")

Not going to name names, but I will show the artwork in question, published by DC Comics in 2012.


Maybe the publisher doesn't consider themselves legit. I don't know. I just don't understand the mindset behind appropriating artwork that isn't yours and then signing the cover on top of that.

11 comments:

  1. Never is the correct answer..

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  2. I was under the impression its a Parody cover made under the fair use law.

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    Replies
    1. Parody would have to be made excruciatingly clear and it's contense would also have to parody the work in question.
      Also fair use is not a right..it's a defense..so to win you'd still have to go to court

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    2. A parody version still has to be your own work and not the original. Fair use has defined limits that do not cover sales and profits. Fair use is not a legal defense it is indeed a right.

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  3. Is this in reference to something?
    Did somebody steal this artwork?
    More information would be ... informative

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    Replies
    1. Agreed, I did some googling and couldn't figure out what I was missing...

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    2. Agreed, I did some googling and couldn't figure out what I was missing...

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  4. They could do so much better than ripping off a Chaykin cover. This is rubbish.

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  5. I'm more amazed DC revived Haunted Tank. That series always sucked.

    ReplyDelete