Copyright and Art Commissions

[inkhana]

What is the name of your state? Texas

Hello:

When I open my new site, I want to have a section where people can commission me to do artwork. Now, my understanding of the law so far (feel free to correct me if I'm wrong)
is that if I draw a character created by my client, even though the character belongs to them, because I was authorized to create the image the copyright of the image itself belongs to me, PROVIDED that I can prove that the image was not created on a "for-hire" basis; that is, that it wasn't created with the intention of being part of a larger project such as a video game, comic, whatever. What I'm wondering about is, is there a way I can write up a contract (or disclaimer, or terms of use, whichever is most appropriate) that will
allow me to be able to show the commissioned work on my site (for NO
profit at all; just to show samples of my ability) or be able to make copies for my files, etc, which as is my understanding will be illegal if I sell the rights to the work to the client. I would rather keep the rights to the image itself if at all possible, but I don't want to infringe on the rights of my clients, either; they should be able to make prints if they want to and show the work on the internet as well. Can someone give me the best route to take here legally, and also correct me on any points if necessary? Also, if anyone could tell me how to sell rights (if it should become necessary) that would be great.

Thanks!

 

[divgradcurl]

You can do any and all of the things you describe in your post -- this is all contract law. You would be well-served to sit down with a lawyer and hammer out a contract that protects everyone's interests.

 

[rward]

In addition to what divgradcurl has mentioned, let me add the following.

There are lots of resources that are free, that can help you develop your own contract that would suit your interests and you can edit it as needed on an individual basis.

As far as using samples on your web site, it's generally understood that you can use work that another retains the copyright to. You aren't directly making a profit from this work. However, it's always best to have that in a contract, as they can always request your removal of the 'sample' if you don't. You'll also want to give credit for a work that you don't hold copyright to when posting that work on your website(or anywhere, for that matter).

Selling your rights is a simple process. Again, you will want a contract, to protect your own interests.

I'd suggest, if you don't already own it, get yourself a copy of "Artist's and Graphic Designer's Market". It's a good reference for a lot of questions you may have, including those of a copyright nature.