Tickling Art Request Busines??

[FeatherJedi]

after observing that my art seems to be pretty popular recently, i recently had the idea to start charging for requests. i recently talked with Anime 316 about this, and he thought it was a great idea, and said that i should charge around $20-25, saying an artist should charge for the time s/he spends on the work.

however, in the discussion, we came upon a snag: i seem to do my best work drawing copywrited characters, which 316 strongly insists i not charge to do. now, i understand that charging to do work on existing characters may be wrong, however, i've also observed that tickling studios like FootParadise have made tickling videos with people dressed as Wonder Woman and The Joker. i've also noticed that sites like the Laughing Gas Zone have subscriptions that allow members to download clips from movies and tv shows. what puzzles me is that small companies like that can do this for so long and not get in trouble, yet i shouldn't.

316 strongly suggests i create my own characters and work from them if i'm going to charge, but i just don't know if i can. i'm so good at drawing existing characters >_<

any ideas??

 

[player 01]

Umojar takes lots of commissions for doing copyrighted characters, and he hasn't once stopped or gotten in trouble for it, so i don't think it's really such a big problem.

 

[FeatherJedi]

Umojar takes lots of commissions for doing copyrighted characters, and he hasn't once stopped or gotten in trouble for it, so i don't think it's really such a big problem.

well 316 was pretty insistent that even if you're not getting busted for it, it's still illegal, so i don't know what to think >_<

 

[Wii]

well 316 was pretty insistent that even if you're not getting busted for it, it's still illegal, so i don't know what to think >_<

Well, if you want my opinion on the matter, most companies, like Capcom for example, don't really care what people do to their characters, long as the people inserting them into whatever they want don't make a profit off of it.

I feel that if it's your own characters the people ask for, then sure, go ahead and charge them, but if the character is a copyrighted one, like say Botan from Yu Yu Hakusho, then it is technically illegal to charge for that, since he/she is owned by their respectful creators.

In all, it's really your decision on the matter. If you feel that it's wrong to charge for a copyrighted character, then you should follow what you believe is right.

 

[eagphilly]

I agree with Brennan. This is all about what you feel comfortable with. The really illegal thing would be to distribute prints of the art for profit. I've done it once and currently once more. Look on DA and all the people who've done it. I didn't do it because Im a crazy rebel, I did it because I wanted to give someone what they wanted. I'm not going to be doing it much longer, that much, or possibly again because I want to work on my own original works, or work with original things in general. (I fan art too much sometimes myself)

My advice to you is to follow your own heart in the matter. Art takes time and if you're drawing something for someone, your service is worth some reward. If it really bothers you, don't do it. You should also take time to draw for yourself, create some of your own ideas if you are uncomfortable working with original material.
Best of luck! :3

 

[FeatherJedi]

it's not that i have the mentality of "oh i want to profit off other people's creations, teehee". it's more the fact that whenever i come out with something new, they're usually accompanied by one or two requests saying "could you draw so-and-so getting tickled by so-and-so" and such like that, to the point when i realized "hey, i don't have a steady job yet, i need one, mom's been saying i should sell my own art (she doesn't know about my fetish), i'm getting lots of requests, i might as well try to make some money doing what i like to do until i get my feet off the ground". The factor in that is that the requests i seem to get are for copyrighted characters, which i seem to be better at drawing anyway, since i can use reference material, which allows for better quality pics from me. See what i mean? It's not that i want to rip anyone off, it's just what i'm GOOD at.

 

[joeytickler]

One artist that did a drawing for me on commission had a policy that he wouldn't do copyrighted characters... exactly.

The characters he drew were almost-quite the characters, and had almost-quite the same names. The differences were minor enough that I didn't care, and that seemed to satisfy the legal copyright protection as far as he was concerned.

Anybody for a Zonic or Zeena pic? ;-)

 

[FeatherJedi]

One artist that did a drawing for me on commission had a policy that he wouldn't do copyrighted characters... exactly.

The characters he drew were almost-quite the characters, and had almost-quite the same names. The differences were minor enough that I didn't care, and that seemed to satisfy the legal copyright protection as far as he was concerned.

Anybody for a Zonic or Zeena pic? ;-)

😕 explain

 

[Jawa]

Character creation eh?
It's never easy... I usually try to base characters off of people I know in life, 'Change names to protect the innocent'. that kinda thing.
I seem to go through some unorthodox thought processes as well... Normally, I create characters, starting with names, then these names develop into Ideas, and these Ideas into people.
Other times, It's a story, and the STORY, inverseley becomes the characters that make it.
Other than that, I don't know what to say. Have fun with it, and if you'd like I can help you develop your characters.
You may be interested in this as well. (think fightclub for artists. it's also a great source of Inspiration, and a better place to waste time. 🙂 http://entervoid.com/board/index.php?topic=7724.0

 

[The Bandito]

Hmmmm......

This is definitely a dilema.

My own personal opinion, based on nothing more than my own experience is that you should draw your own characters.

I for one, get requests daily to draw blah blah character from such and such anime. And for the most part I don't. All you really get is reflected glow. People that like the art because they love the character. Not because they love the art. Does that make any sense?

Sure it is more difficult. Sure it takes a ton longer to get your work noticed. But drawing other peoples creations is ultimately just that. Other people's creations.

It's not that I think people shouldn't ever draw unoroginal characters, but the world seems to be full of fan art. And if artists only did fan art, there'd never be any new material.

So I say to heck with it. Create a stable of your own characters and see what happens.

But, like I said.... it's only my opinion.

Good luck homie,

B

 

[FeatherJedi]

well the thing is, folks, is this: when we're talking about getting paid to draw a copyrighted character, i'm not talking about drawing the pic soley for the person paying. i'm talking about they want to see the pic drawn, they pay to HAVE it drawn, and i draw it for the whole tickling community to enjoy. that's, like, $20-25 for hundreds of people, not PER person amidst hundreds. so it's really a matter of whether A) anyone would actually turn me in to the copyright holders, and B) whether the copyright holders will even give a hoot over so trivial a matter. "oh some guy is charging to draw fan art of our characters getting, can u believe this, TICKLED...yea, THAT poses a threat to our sales." know what i mean??

 

[Wii]

Ah, now that's a different story. Well, it's still a hard decision to go by, because there are some people who will never pay, even though they agree to do that. (Thankfully, I'm not one of those people)

When you put it that way, I'd say you should have people pay the money they owe you before you show the pic for public eyes to see. I find it rather silly to pay money JUST to do a picture. That, to me, makes it feel more like a chore rather than just doing it because you want to. That would suck the fun out of drawing anything at all if you think about it.

 

[Umojar]

No one's gonna come after you for making $20-$25/commission from copyright characters. It only comes down to how you feel about doing it. If you want to go for it. No ones gonna find you jesus christ...

 

[Kalamos]

No one's gonna come after you for making $20-$25/commission from copyright characters. It only comes down to how you feel about doing it. If you want to go for it. No ones gonna find you jesus christ...

I am sure there was some FAQ over Deviantart dealing with just this kind of issue...

 

[Hahathna]

I've had more than a few paid commissions done, many by artists who have worked or were working for one of the major comics companies (DC or Marvel) at the time of the commission. Yes, it is a violation of the copyright law without a doubt. However, I have never heard of one of those companies going after an artist for it. There are four reasons for this...

First, copyright law states that if the copyright holder is aware of a copyright violation, then they are required (by law) to notify the party of the violation and demand that they cease and desist in order for the copyright holder to defend their copyright. If they don't defend the copyright, they could run the risk of losing it. If, however, the copyright holder is unaware of a violation, they don't run that risk. So, if Marvel or DC (or other big company) goes after one artist doing commission pieces featuring their characters... they almost have to go after ALL OF THEM. This would be thousands or tens of thousands of lawsuits... and lawyers ain't cheap even for the big guys. It's much easier for them to take a "don't ask, don't tell" attitude regarding commissioned artwork. That way they don't have to spend the time going after every artist while not running the risk of not defending their copyright.

Second, letting their artists (which, by default, means any artist) use copyrighted characters in commissioned artwork is a nice perk for the artist. The artist earns extra money, plus it gives them an impetus to do better work. If they work hard to make the character more popular, they'll get more demands for commission work for that character, can charge more for their commissions. Of course, sales increase for the company, which also makes them and the artist more money, etc.

Third, cracking down on copyrighted commissions runs the risk of alienating your fan base. Anyone willing to pay money (sometimes big money) for a commission is obviously a fan of the character, and are often the character/brand's most loyal fans (i.e. cash cows). No matter what the circumstances, the company will always look like the villain in such cases if they start cracking down on individual artists. Remember several years back when Paramount started going after all the Star Trek websites and closing them down? They alienated the very fan base that was responsible for the making Star Trek as big as it was. The Star Trek franchise has suffered for it every since and may never have the same fanatic following it once did.

Fourth and perhaps most important, the whole copyright issue is somewhat skirted because what you are selling to the person is a physical piece of artwork, not any rights to publication or to the character itself. You draw a picture of Supergirl, for example. Your drew it, so you own that physical piece of artwork. You do not own Supergirl or own the publication rights to Supergirl, just that one physical piece of artwork. You cannot make copies of the artwork to sell, or use the artwork in a publication. You can, however, sell that physical piece of art. This is the reason the artists working for Marvel or DC can sell their original art... they own the art. There are some companies (Disney, for example) that maintain ownership of any and all artwork that is created for them, so I'd suggest shying away from doing any Disney related commissions just to be safe.

What can get you in trouble with the DC's and Marvel's is showing their characters in certain "adult situations" (i.e. porn... hardcore porn to be precise), or if you try to publish or sell copies of the original work. In most cases, their lawyers will send you a letter telling you to knock it off or else. If you disregard that warning... then they open up a can of legal whuppass on you.

So that's all I can tell you from my experiences of having commissioned pieces done using copyrighted characters. My personal advice is if you don't feel comfortable doing copyrighted characters then you shouldn't do them. The doubt will have a negative effect on the art and make you unhappy. And if that's the case, then it'll be just like any other job.

Hope that helped!

 

[FeatherJedi]

thanks for the latest advice, everyone, especially Umojar and Hahantha. with those viewpoints, i'm starting to feel better and more confident about doing this.

There's just ONE more little snag i need to think about:
sadly, at 25 years old, i'm still living with my father. so if i start this little mini-business, what am i going to do when my father inevitably comes to me and says "where are you getting these checks from??". I once had to tell him of my fetish when another tickler sent me an email threatening my life (long story, i'd rather not get into it), and he just shrugged it off saying "it's just tickling", but that was a few years ago, and knowing my father, he's probably forgotten all about it by now. Even tho i have a strict policy of avoiding tickling material of a sexual nature, it's still an embarrassing thing to have to tell someone about, especially family, because you run the risk of A) just plain embarrassment, and B) them thinking you're a pervert. This would be especially the case with my mother, who's been pestering me "when are you going to start selling your art? when are you going to start selling your art? when are you going to start selling your art?", so you can see the irony in THAT, lol

 

[Umojar]

thanks for the latest advice, everyone, especially Umojar and Hahantha. with those viewpoints, i'm starting to feel better and more confident about doing this.

There's just ONE more little snag i need to think about:
sadly, at 25 years old, i'm still living with my father. so if i start this little mini-business, what am i going to do when my father inevitably comes to me and says "where are you getting these checks from??". I once had to tell him of my fetish when another tickler sent me an email threatening my life (long story, i'd rather not get into it), and he just shrugged it off saying "it's just tickling", but that was a few years ago, and knowing my father, he's probably forgotten all about it by now. Even tho i have a strict policy of avoiding tickling material of a sexual nature, it's still an embarrassing thing to have to tell someone about, especially family, because you run the risk of A) just plain embarrassment, and B) them thinking you're a pervert. This would be especially the case with my mother, who's been pestering me "when are you going to start selling your art? when are you going to start selling your art? when are you going to start selling your art?", so you can see the irony in THAT, lol

Have them pay you through paypal. It's a lot easier, and you won't have to explain anything.

 

[FeatherJedi]

Have them pay you through paypal. It's a lot easier, and you won't have to explain anything.

brilliant idea! now i just need to figure out how exactly Paypal works. i haven't used it very much, i've only put a bit of money in my account once or twice to pay for items off eBay, that's about all i know how to do. anyone care to talk me through??

 

[eagphilly]

brilliant idea! now i just need to figure out how exactly Paypal works. i haven't used it very much, i've only put a bit of money in my account once or twice to pay for items off eBay, that's about all i know how to do. anyone care to talk me through??

I just started and I got the hang of it pretty quickly. You use your primary email address as your login, you fill out the personal info to set up the account and you're good to go. I set up a premier account because a personal one only lets you take in 5 credit card transactions a year. So, select a premier account, and then once you verify your email address you will be able to invoice people if you have your client's email address. The person who owes you money gets an email, then he/she can pay your requested amount of money.

Once the money is transferred there is a little fee (less than a dollar) to take in money via paypal. From there you can use that money to shop online, obtain a paypal debit card (which lets you withdrawal available cash from atms or use it as a bank card in shops). I added my bank account so I can wire my paypal cash into my bank account.

They give simple instructions to verify your bank account. You will need a voided check, hopefully you have a checking account at a bank. From there they make two small deposits in your bank account to make sure it is the correct account, you find out these amounts and verify it online. Then you can transfer money you get on paypal to your personal bank acount.

Voilla

Good Luck

Anyone correct me if im wrong or add on if I missed anything -_- Im a nublet

 

[Umojar]

I just started and I got the hang of it pretty quickly. You use your primary email address as your login, you fill out the personal info to set up the account and you're good to go. I set up a premier account because a personal one only lets you take in 5 credit card transactions a year. So, select a premier account, and then once you verify your email address you will be able to invoice people if you have your client's email address. The person who owes you money gets an email, then he/she can pay your requested amount of money.

Once the money is transferred there is a little fee (less than a dollar) to take in money via paypal. From there you can use that money to shop online, obtain a paypal debit card (which lets you withdrawal available cash from atms or use it as a bank card in shops). I added my bank account so I can wire my paypal cash into my bank account.

They give simple instructions to verify your bank account. You will need a voided check, hopefully you have a checking account at a bank. From there they make two small deposits in your bank account to make sure it is the correct account, you find out these amounts and verify it online. Then you can transfer money you get on paypal to your personal bank acount.

Voilla

Good Luck

Anyone correct me if im wrong or add on if I missed anything -_- Im a nublet

Only thing I wanted to add is the fee varies for some reason. Some payments I've received has costed me a fee of a $2+. Dunno why though.

 

[FeatherJedi]

...wow...i hope i can get all that straight...

 

[FeatherJedi]

so, to accept payment from someone, all i need is their email address?