Ethics on using other people's work

[m4pl3g1rl]

I love DA, I am there all the time, and I've amassed what I call my 'art room' of pixel art that I would LOVE to turn into cross stitch shadow boxes and the like.

I've asked a few if I could use their designs for personal use and thus far I've achieved a positive response which I'm excited about. (One was a steampunk airship from Pixel Joint actually, another was a set of potions from DA and the third was a mushroom landscape in a bottle on DA.)

So how would I approach someone if I wanted to take their pixel art, turn it into a cross stitch 'something' (i.e. ornament, decor, clothing patch) and sell it? I see people selling Nintendo, Sega, Sony and so on icons all the time, and I doubt they're kicking something back to the company. I would want to obtain their permission first, explain my idea/goals, but then what? Should I 'buy' rights? Or pay a percentage?

I don't want to cheat anyone. I could always do the "icon originally designed by so-n-so, work by me" thing. As far as I understand it, the original belongs to them, the handiwork belongs to the maker.

[tnitnetny]

I always credit the person I got the art from. I have a gentleman that makes fantastic pixel art that translates to quilting beautifully. I asked him if I could use it for my quilts and linked him to my website. He said sure, as long as I credit him with the design.

It is up to the atist honestly. I haven't had anyone ask me for anything but credit, but always ask and leave it up to them. If someone would like to use one of my quilts somewhere and wants my pattern, I would want to be compensated. I make money from creating quilts and if someone could create it without me making it for them, I would lose money.

[blackmageheart]

Like tnitnetny says, it is up to the artist! Many of them are happy to give permission for their use and don't want anything but credit in return, while others might have terms they wish to apply.
Most often, they are just happy to have been asked! So my advice would be to ask the artists, be specific in your questions and leave all the decisions up to them.

Hope that helps!

[kuja.girl]

Frankly, most artists are just happy to see that people are enjoying (and using) their work. It's a pretty thankless, and profitless, profession.
BUT you never know when a piece is near and dear to the creator's heart so it's always good to ask before you make anything using their work. In the same vein, I would encourage everyone to ask them before selling. If they hesitate make sure to explain that the price does not take the design into account - only the complexity of the pattern, the cost of materials, and the time spent to make it.
That's something they should understand.

Lastly, if they still don't like the idea of you selling it, don't. Give it away to friend or heck, offer it as a prize in a drawing.
Personaly I would also add: NEVER sell a pattern made off an image created by someone else.* That's just not right.
*unless it's not under copyright, then I guess you're safe, legally

[RMDC]

Personaly I would also add: NEVER sell a pattern made off an image created by someone else.* That's just not right.
*unless it's not under copyright, then I guess you're safe, legally

This is something I feel strongly about, too. Unless you have the explicit permission of the original artist - and probably, therefore, a licensing agreement with royalty terms - you shouldn't do this, regardless of copyright protection.

It especially bugs me when someone relies on someone else's copyright infringement in order to protect their own plagiarism. For example, someone makes an original piece of art - a T-shirt, a poster, whatever - based on a Nintendo game. She doesn't file for copyright because she doesn't want to fight Nintendo in a labyrinthine court case. Then someone else comes along, sees the art, likes it, rips it wholesale in KG chart, and slaps the pattern up for sale. The original artist can't do anything about it because she doesn't have legal protection, and if she tries to make noise, it might bring Nintendo down on both their heads.

Obviously, since m4pl3 is explicit about asking permission, this rant doesn't apply directly here, but Etsy is loaded with this kind of artistic dishonesty. m4pl3, if you do sell patterns with permission, be sure to note that up front, because if other customers are like me, they'll close the tab in disgust if they think it's stolen work.

[m4pl3g1rl]

I have NO intention of selling patterns. First of all, the artist went to a lot of trouble to make the image, and I went to a lot of trouble translating their image into something I can use. I don't like making patterns unless it's from my own stuff.

I am aware of the dishonesty of Etsy, but there are a lot of people who are legit sellers of their creativity. It's the same anywhere - we always just have to be careful.

So this is what I'm getting from you all then;

1. Ask permission
2. Never sell a pattern of someone else's art
3. Let the artist dictate terms (somewhat) like if they want credit or the like
4. Always be explicit as to what we want to do, personal or commercial or gift, so that the artist is on the same page as you.


I'm trying to have a Code of Ethics to put on my blog, so that any visitor knows where I stand. (Not as a big red message, but so that it's there.) ^_^

Plus I also wanted to know what this smart group of individuals thought. Thanks folks! If I've missed anything, please let me know.

[blackmageheart]

1. Ask permission
2. Never sell a pattern of someone else's art
3. Let the artist dictate terms (somewhat) like if they want credit or the like
4. Always be explicit as to what we want to do, personal or commercial or gift, so that the artist is on the same page as you.

I'd say that was a pretty good start!

[amneufeld]

If you end up selling a bunch of them, make one for the original artist as a thank you?

[kuja.girl]

The fact that you want to post your code of ethics already puts you light years ahead of most of the internet! You are setting a good example.
I also like amneufeld's idea though depending on how big the piece is it may not always be possible.

[m4pl3g1rl]

I like the idea of discussing something like that with each person since each case may be different.

But some sort of kickback may not always be possible since I'm sure some individuals would not want to give their mailing address to a random stranger.

Ah, we could argue the whitherto's and the whyfores all day.

Thanks again everyone who has responded!