Artist rights on an original character

[Hideyoshi]

What is the name of your state (only U.S. law)?
Utah

This may be a silly question but if an artist draws an original character for a drawing, do they as the artist have any kind of inherent copyright over the character? There is a certain character that I want acquire for my own uses but I'm not sure what step I need to take to make it my character.

It's probably also worth noting that the artist in question is from Japan. I know Japan is a bit more lax about copyright than the U.S. but how would it work across international borders.

 

[quincy]

What is the name of your state (only U.S. law)?
Utah

This may be a silly question but if an artist draws an original character for a drawing, do they as the artist have any kind of inherent copyright over the character? There is a certain character that I want acquire for my own uses but I'm not sure what step I need to take to make it my character.

It's probably also worth noting that the artist in question is from Japan. I know Japan is a bit more lax about copyright than the U.S. but how would it work across international borders.

An artist who draws an original character has an automatic copyright in that character (with a few exceptions).

If you want to use someone else's copyrighted character, even if the copyright-holder is located in Japan, you must get express (written) permission, and generally a license, from the artist (or copyright holder) to use it.

To make it "your" character, there must be a transfer of all exclusive rights to the character from the copyright holder to you.

 

[Hideyoshi]

To make it "your" character, there must be a transfer of all exclusive rights to the character from the copyright holder to you.

Now is this as simple as both of us agreeing to the terms of a contract or is there something more in-depth involved?

 

[quincy]

Now is this as simple as both of us agreeing to the terms of a contract or is there something more in-depth involved?

I can't tell you how simple it will be. It could potentially be as simple as agreeing to the terms of a contract, yes.

It really depends.

You can review all facts with an attorney in your area if you want a clearer idea, though.

Good luck.

 

[Hideyoshi]

Okay, thanks

 

[Hideyoshi]

Oh, one more quick question. If I buy the rights to the character does that include the rights to any of the art the artist made from before I bought the rights?

 

[quincy]

Hideyoshi, I think my answer might have fallen a little bit short. Sorry.

Under U.S. copyright law, in order for a transfer of copyright ownership - whether it be a transfer of all of the exclusive rights in the work where you become the new owner, or a transfer of one or more of the exclusive rights in a work where the copyright holder retains some rights - this transfer just needs to be an exclusive right that is being transferred, be in writing, and be signed by the copyright holder.

The exclusive rights of a copyright holder include the exclusive right to reproduce the work, to distribute the work, to create derivatives of the work, and to display (or perform) the work.

For any transfer of rights, the conditions of use should to be spelled out clearly enough in writing so that there is no mistaking exactly what exclusive rights are being transferred (and for how long and for what purpose...).

Also granted by the copyright holder, however, could be a non-exclusive right to the work, where the copyright holder retains all rights to the work but will allow another or others to use the work in a specified way.

Because there are so many different factors that can come into play, and facts that need to be considered, having a personal review by a professional in your area is the best way to determine what exactly you want and need from the copyright holder, and how best to go about getting this.

Again, good luck.