A Proposition

[tealin]

My next Big Purchase is making louder demands for attention, but it's also raising doubts. I really need to get a working copy of DigiCel, an animation line testing program, in order to get any further with my attempt to re-learn paper animation. I've got the 'student' copy, which was billed as fully operational but with a watermark – I didn't know until after downloading it that the watermark is actually a big block of opaque text that makes actually seeing the animation almost impossible. To get rid of it I need to purchase the 'key,' which runs at about $300 or so, last I checked. Normally this wouldn't be too big an impediment as I've been working steadily for more than a year, and after rent and groceries my expenses are practically nil, but I've got two (possibly three, if I find myself moving south of the border) other things poised to make a large dent in my bank account this year and an extra $300 seems more and more like something to avoid.

SO. Here's the thing. I'm going to do some sort of Animation Fundraiser ... but what? I was thinking of putting together a 'sketchbook' as numerous internet artists have done which I can then sell copies of at a fixed price. However, most of my artwork (and almost all my best artwork) is fan art; I don't know what the copyright regulations might be on that but the idea frightens me. I was also considering opening up for commissions, but my upcoming period of voluntary unemployment needs to be devoted to the production of a portfolio, and I'm already behind on gift art, so there's the guilt factor as well.

What's a poor girl to do?

Comments

[sopophorous.livejournal.com]

Tealin, I'd TOTALLY buy your fanart!!! I'm sure if you just asked Jo, any permission she'd give would completely overrule any thing the lawyers at WB would say....

Maybe if you just put YOUR name on the cover? Not mention anything about "Harry" and "Potter" at all? But then you'd want to put in captions....hmmmm. Dunno. Or you could just ASK for donations from your fans, such as myself. We'd be more than willing to help you!

[twirlynoodle.livejournal.com]

Oh goodness no, I have to earn the money; I'd be absolutely laden with guilt otherwise whether it's warranted or not. I wouldn't put any captions in the book at all, because those buying it would probably already know what the scenes and characters were. That's the loophole exploited for fanart commissions, but does it hold to something that's offered for general sale rather than a work-for-hire? Where's a copyright lawyer when you need one?

[fryingpanofdoom.livejournal.com]

What about the Pratchett stuff? Is he as insane about copyright as WB? And there are, after all, plenty of us Mad Pratchett Fans out there.

[twirlynoodle.livejournal.com]

Oh goodness yes, there'd be tons of Pratchett stuff... all my most recent favourites have been Pratchett. He seems to be pretty casual about fanfic but again, I don't know about Fan Art For Sale.

The question that everyone should be asking

[truetitipudlian.livejournal.com]

How much? I would gladly spend money on just one picure of say Otto but I'm only a poor college student so, of course there's at least a 20$ limit.

[pooryorick.livejournal.com]

I've seen lots of artists sell sketchbooks at various cons - and there's often fanart. (Not to mention fancomics/doujinshi, which would seem to be even more risky for copyright.) Since you're not publishing or selling on a mass scale, it's probably ok. It might be worth checking up on, of course, but a small, limited (and not especially advertised) run shouldn't be a problem.

If you do go ahead, Discworld stuff plz. Also Coffee Pirates and suchlike, which are lovely.

[twirlynoodle.livejournal.com]

That's definitely encouraging ... thanks.

Totally Discworld stuff. And definitely some Coffee Pirates, as they are the only thing approaching originality, and some Herbert West stuff because hey! it's public domain.

[pooryorick.livejournal.com]

Oh man, how did I forget about Herbert West! Seriously, I love those drawings you did of him. The little scenes were SO good.
(Heh, I feel bad for not ever commenting before.)

[twirlynoodle.livejournal.com]

Haven't you? I thought I recognized your name...

I'm glad you like 'em... he doesn't have half so many fans as the other things I usually draw.

[anathelen.livejournal.com]

You could sell sexy drawings of Frapp! Surely some coffeepirates stuff could be good for both your portfolio and your wallet?

I would be willing to slip you some cash for a quick sketch or two of a guy named Leo Strauss, drawn as if he were the host of an after-school children's edu-tainment program (for a joke that's turned into a side-project...). I have photo references!

[ari-enchanted.livejournal.com]

I don't know anything about copyright laws, but I'd assume that selling fanart to interested individuals wouldn't break any. I would think that as long as you're not selling them commercially or claiming them to be your own ideas, it would be fine. Probably the only thing that would attract attention from publishing companies would be if you advertised, as opposed to just using word of mouth to let people know.

What's a girl to do?

[noodledaddy.livejournal.com]

[azvolrien.livejournal.com]

I'd buy a copy.

(Nice photoshopping, noodledaddy.)

[shirasakura.livejournal.com]

I'm not sure about the other stuff, but with the Harry Potter stuff JKR said fanart and fanfic is OK, just as long as their are appropriate disclaimers. And I can't remember exactly what he said in that radio interview you posted recently (the one about Mort) but I think he was OK with that sort of stuff (probably with the appropriate disclaimers), just that he didn't look at fanfiction personally. But he does accept fanart as gifts.

[sydpad.livejournal.com]

Are you on a Mac or PC? If the latter, Plastic Animation Paper sounds like a more instant solution... I've only played with it briefly, but it seemed pretty nice to use, and if you don't need sound or layers it's free.

I don't have a clue about copyright, but I've definitely seen people selling fannish stuff at cons.

[twirlynoodle.livejournal.com]

I'm on PC ... I do need sound, though, for those oh-so-delightful dialogue scenes, and layers are just so darn useful. The program that came with my webcam can do animation without sound or layers ... sound and layers is what this purchase is all about.

And also not having to re-shoot something to change the timing. I am a timing coward.

[ardys-the-ghoul.livejournal.com]

You could do a Coffee Pirates comic book, since they were your idea. I'm sure there are a lot of people around here who would shell out a few bucks for that. (Unfortunately, I am a lowly college student and have no money to spare.)

[twirlynoodle.livejournal.com]

I was hoping to put something together with as little time investment as possible, relying mostly on artwork I have already that would only require assembly rather than conceptualizing, drawing, colouring, and then assembly. My time, at the moment, is supposed to be devoted to my portfolio. Maybe after that's done...

[tony-cliff.livejournal.com]

woah woah woah. they use COMIC SANS on their website. you CAN NOT support this company.

And there MUST be a freeware/shareware bit of software to fill that niche. Or what about using an "Evaluation copy" of the software you're looking for. Or something similar, like toonboom or whatever. ORRRRRR what about setting up a photoshop export script and adjusting timing in Flash? or or or or or

there must be something.

[lareth.livejournal.com]

As a satirist, I've run into this problem before. Here's how it generally works in most english-speaking countries:

Copyright does not normally transcend medium boundaries. That is, drawing a picture of a scene described in a book, or writing a song about it, or making a sculpture, is usually considered an original work. This is not the case if we're talking about a comic book, or something else where you're essentially mimicking something that already exists in the same medium. So, as far as literature and copyright is concerned: Fanart=good, Fan-Fiction=bad.

The really tricky thing is Trademarks. Virtually anything can be a trademark, so long as it's immediately recognizable and unique. Titles and names are often made into trademarks, distinctive appearances of characters can be trademarked, and that's where you run into trouble.

I haven't checked, but it's probably a safe bet that Harry Potter the character has been trademarked up and down, backwards, sideways and inside out, including in some very private and uncomfortable places. His lightning-bolt scar combined with his unruly mass of black hair and glasses make him as recongizable as Superman or Mickey Mouse. Hermione less so, and Ron looks like every other gangly red-headed teenage boy, but that doesn't stop WB from trying.

Moist von Lipwig, on the other hand, is defined by his unrecognizability, making him almost impossible to trademark. The golden suit is another matter, but he's also a much less marketable property, and it's far less likely that Pratchett's publishers have trademarked every single one of his characters. Discworld's Death presents a related problem, since he looks exactly like every other grim reaper in the world, and his one distinguishing characteristic appears only in text.

Trademark law does differ between countries, but the UK, Canada and the US tend to respect one another's trademarks, and anything like Harry Potter is going to be TMed independently in every contry that has developed intellectual property laws beyond the finders-keepers stage.

[dragons-wyrd.livejournal.com]

perhaps charge maybe a $5 dollar a month fee for the 'coffee pirates comic club' and have a comic a week through email. Like a small 3 or 4 panel strip. Claim they need it for their treasure hoard. I'd certainly pay it.
Or just set up a 'not hungry, just broke' Paypal account, and maybe make an exclusive fancy wallpaper or something for those whom donate.
It's what some of my favorite web comics do.
Coffee Pirates, exploding onto your desktop in a caffeine-induced pillaging raid. Hide your coffee and danish. Arr.

[sparrowofjack.livejournal.com]

Hmm, probably NOT the best time to show you this, since you're hard on cash... but what the hell, I'm a tactless fool in real life so why be any different on the net? XD

The Composer is Dead: http://www.experienceto.com/family/composer-is-dead.shtml

[twirlynoodle.livejournal.com]

Haha! That's awesome. I'd love to hear the music. Maybe they'll do a recording someday...

[sparrowofjack.livejournal.com]

Bizarrely (...not a word...) enough, I was actually made aware of it by my radio telling me. Why on earth 102.1 The Edge, a new rock station, had it as a commercial is beyond me, but whatever works!

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