ImpoSStor SS Posted March 3, 2008 Report Share Posted March 3, 2008 (edited) This morning while surfing on ebay I found my ImpoSStor SS cartoon available on a t-shirt (and a print and a mousepad) . Click here for details. It appears the artist sold the design. I am not involved with this and get nothing from it. Edited March 3, 2008 by ImpoSStor SS (see edit history) Quote Link to comment Share on other sites More sharing options...
hot rod truck Posted March 3, 2008 Report Share Posted March 3, 2008 Damn! You would think he might have contacted you before he sold out Quote Link to comment Share on other sites More sharing options...
04rcss Posted March 3, 2008 Report Share Posted March 3, 2008 thats sick man think of all the poeple that want to wear you truck!! hope you wrere able to get one tho! Quote Link to comment Share on other sites More sharing options...
mr breze Posted March 3, 2008 Report Share Posted March 3, 2008 Did you pay him to design and draw it for you? I take it there was no agreement on paper saying that he wouldn't use it without your authorization? I was looking into getting some shirts made for our submarine dept at work, and the paperwork states that the design company can use the design as an example, but after I paid for the design work, the rights to it are now mine. It can't be reproduced in part or in whole without my consent. Quote Link to comment Share on other sites More sharing options...
Bad Bowtie Posted March 3, 2008 Report Share Posted March 3, 2008 (edited) WOW!! That does SUCK!!! I bet u feel used. Dirty maybe? LOL!!! Just pulling ur leg bro! It does suck though. Sorry. Edited March 3, 2008 by Bad Bowtie (see edit history) Quote Link to comment Share on other sites More sharing options...
smoke03 Posted March 3, 2008 Report Share Posted March 3, 2008 i dunno wether id be flattered or pissed off.....hmmmm Quote Link to comment Share on other sites More sharing options...
misterp Posted March 3, 2008 Report Share Posted March 3, 2008 (edited) Hmmm well there's something wrong there, my spidey-sense tells me that unless you signed a release the original artist cannot do that - you need to follow-up with an intellectual property attorney; I know for FACT this applies to photographed materials, example we have a team roper that we photograph at a public event, we can sell reproductions of that photo to the public (because it was captured at a public venue) but must have an artist's release in order to sell the image to a magazine for a sponsor ad, or TV for a promo spot, etc, our only exception is that we do allow free use for "editorial purposes" but in your case the artist/publisher is obviously making a commercial profit. Again what I've observed applies to photographs, but I cannot imagine depicted works to be treated any differently. It would be the same as if I took a photo of your truck with my digital camera, then started selling t-shirts with the image on it - that is a violation of intellectual property law and you have every right to sue for all gains I've made off your truck because I did not get either a financial agreement with you or a release from you. BUT - what might be a good idea is that you approach the new publisher and offer to display their Imposster shirts, posters, and mousepads at your show appearances and you get to keep a percentage of the sales... I'm pretty sure you got the leverage unless you signed an agreement/release with the original artist, check with an attorney. Mr. P. Edited March 3, 2008 by Mr. P. (see edit history) Quote Link to comment Share on other sites More sharing options...
dcairns Posted March 3, 2008 Report Share Posted March 3, 2008 (edited) Did you have the cartoon made by the artist at http://www.koolcartoons.com ? Who "owns" the cartoon may not be as straight forward as you might think... For instance, in the case of photography, a photographer can take your picture and sell you a copy, but the photographer retains the 'copyright' of the photo. So you could not legally reproduce the photo, even though you purchased the copy and it is a picture of you. I am not sure how the laws work with created art, probably depends on the contract between artist and buyer. So it is possible the artist retains the copyright to his work and the ability to resell it to others, like the ebay T-shirt vendor (asuming the ebay guy is bothering to follow copyright laws). Edited March 3, 2008 by dcairns (see edit history) Quote Link to comment Share on other sites More sharing options...
misterp Posted March 3, 2008 Report Share Posted March 3, 2008 ... So it is possible the artist retains the copyright to his work and the ability to resell it to others, like the ebay T-shirt vendor ... Yeah your first thought you have about the photographer selling you your own pic but you cannot reproduce it is correct - however the artist being able to resell it without your say-so I know for fact is against intellectual property law, we've been sued over it years ago. Mr. P. Quote Link to comment Share on other sites More sharing options...
madmax Posted March 3, 2008 Report Share Posted March 3, 2008 ive worked as an animator for a few years now and from my understanding unless imposter ss had a contract written up stating that the price he paid was to establish full ownership of the artwork than the art still belongs to the original artist. if no ultimate ownership was established than really whatever imposter ss paid the artist for was a liscense so to speak to use the artists rendering. Quote Link to comment Share on other sites More sharing options...
drako Posted March 3, 2008 Report Share Posted March 3, 2008 however the artist being able to resell it without your say-so I know for fact is against intellectual property law You are correct sir. Quote Link to comment Share on other sites More sharing options...
NTMD8R_SS Posted March 3, 2008 Report Share Posted March 3, 2008 Wow that suck. You sould be getting royalties or something. Quote Link to comment Share on other sites More sharing options...
Tzer Posted March 3, 2008 Report Share Posted March 3, 2008 That does suck. But I don't think the seller is going to get rich. If you look under "Purchases" you'll see. No purchases have been made. Quote Link to comment Share on other sites More sharing options...
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