A question about requested art with copyrights

RyokuHasu

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Can we request copyrighted character art from others if we have acquired the rights to the character in question?

And will I need to provide proof of rights to use the character?

I'm not good with pixel art myself but I have been commissioned to make a work with copyrighted characters by the owner of the characters.
 

Andar

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It depends on what rights you have acquired and if the question is about copyright or trademark (which are not identical).


If an artist makes something from scratch (NOT traced), he holds the copyright of his own work - even if it is "accidentally" similiar to another picture. But that is only true as long as that picture is not named in the same way as the other reference, because that naming would proof the problem and turn it into a trademark infringement (which is the more difficult problem)


If you gained a licence to use a trademarked or copyrighted figure, it depends on what licence you got - if you are only allowed to use the given pieces of artwork, you can't use anything else.


If you're given the licence to use the trademark itself (not limited to specific pieces), then you can legally order other artwork on it.


However, that is one of the cases that the lawyers consider fun - you'll need a professional opinion on the exact wording of the licence, unless it was one of the pre-written general licences where you can find explanations for on the internet.


If someone owns the copyright as the original creator, he can commission pieces of it from anyone he wants. However, the copyright on each of those pieces is then shared - his part for the original desing, the artist for the specific work and piece.


And you both need to agree for any of you to use it - that is why the artist gets paid for the work in return for the commissioner to be allowed to use the resulting piece.


It even needs to be determined if the artist may use the piece on his portfolio - it might be under a non-disclosure-agreement, especially to protect the story and plot-twists of an unfinished game.
 

RyokuHasu

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Ah well then thanks for clarifying, it's a Trademarked character, and I will have the rights to use them for producing a game specifically for the owner of the character.

I will get the proper documentation from them for use of the trademarked character. Thanks.

Also that's why I'm being vague about the specifics we are still working out the exact details of the agreement.
 
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