12 replies to this topic

[davidskeleton]

I have not taken all of the latest lightly.. from the controversy over posting 'illegal content' online to this latest lawsuit with Marvel.

I have read plenty about this and decided to take extreme measures to protect myself. Some of my actions may actually be a little paranoid and some may unnecessary especially since most of it has been for fun and not even for monetary gain.. much of my actions are based on 'legal counsel' I have read online.

Either way I want to feel I did what I needed to do to protect myself and feel comfortable where I am at.

I have torn down most of my online presence especially social networks and communities where I may have 'questionable content.' I will continue doing things like DSC I just won't be posting this content on my blogs or social networks though I will still keep plugging away about this community.

My facebook and google plus sites are the same. I spent quite a while tonight removing most of my artwork and unfortunately a lot that I actually own all rights to. I also deleted a lot of posts that may have been 'broken' connecting to this content. I deleted my entire blog content that I am currently posting on, along with a couple other blogs that I don't use anymore.

I also deleted my deviantart site since doing that was far easier than trying to go through and delete images out of my gallery, and looking over it much was seriously outdated anyway.

I will be updating all of my information and sharing new blogs as I post new content and will keep everyone posted on this. My outcast profile already has my new updated deviantart link..

I have also decided that I will not be going to any conventions this year. I was planning on at least three but until I actually have a comic of my own to show and share and a new sketchbook with only my content within I will be holding off on these appearances. I am still considering returning to Chicago for Challengers Comics if Patrick is going to do the 24 hour comic.

Hopefully this doesn't complicate things too much for anyone.

Edited by davidskeleton, 15 February 2012 - 01:13 AM.

[Selkirk]

you know bro...obviously this is your decision-but it seems rather hasty. it does seem a bit paranoid . the bread and butter of deviant and other 'content sites' is frankly fanart-now i do a bunch of original sketches(mainly fantasy archetypes...big boobed fantasy babes ftw )...but the hits come from drawing the established characters. and i think thats what editors will want to see-more power too you on this...and i think i understand your decision-just appears to me to be the wrong one.

[nate]

Seems like a harsh thing to do but I get where your coming from. I don't think fan art will be an issue unless your selling prints of it. I could see that getting clamped down on at some point. As long as you keep drawing I'll keep checking it out. I'll be interested in seeing how this impacts your work, a creative surge may be on the way

[davidskeleton]

I don't get more than ten views a day and as scattered as my deviant site is.. it still has absolutely zero sequentials. zero pages.

It doesn't matter if you have a million drawings of other peoples content I didn't have any sequentials or even full pages of characters in backgrounds.

These are what will grab editors. Obviously what grabs audience as well since this is the number one question asked to me.. Do I have any sequentials.

I am still going to put together eight to ten pages of sequentials, some of it may be character content related ie Marvel characters for Marvel.. and I will submit them. But I am not filling up my blogs and social networks with them anymore.

It may be a risk but I don't think I could feel any more positive about this move than I do. Of course we will just have to see. I felt my online presence was all over the place and way too chaotic and uncontrolled and now I have the opportunity of reigning it in. And I feel I need to be more focused than I am on my own stuff. And new content..

[Selkirk]

if it helps you stay organized-all the better. and new work is the best work as they say . but i wouldn't be running from wolverine commissions if i were you .

[nate]

Cool, your second post sounds far more positive! Sometimes you need a good clear out, I know I've loads of crap in my galleries. If I get the time I should do so myself. Also I really need to get down to some sequential stuff. Best if luck with where this takes you.

[davidskeleton]

Hey thanks! I think I am in a good direction.. and drawing a lot more and playing a lot less video games I am rediscovering a focus that I feel I have been lacking for a while now.

I posted this elsewhere too but this conversation kind of eases the mind on plenty of the paranoia going around..



Quesada: Let me put this as simply as I can: Marvel is not looking to make any new policy announcements through this lawsuit -- a lawsuit that began five years ago.
As a case in point, the Internet and the creative community became incredibly concerned when Disney acquired Marvel in 2009, thinking that Marvel now wouldn't return original art to its artists, even despite my publicly stating the contrary. As you can see, that was unfounded.
Buckley: We in no way want to interfere with creators at conventions who are providing a positive Marvel experience for our fans. We want fans to speak and interact with the creators who wrote, penciled, inked, lettered, colored or edited their favorite stories. Part of that positive interaction is that a fan can walk away with a signed memento or personalized sketch from an artist.

[Furious Nick]

I totally missed this, and only noticed that your stuff was mysteriously gone from several places. I get your response. You need to make the best choices for you and your career. As you continue to rise, the stuff from your past can/could trip you up, covering your bases makes sense. You're not the only one who has made changes to what they do moving forward. Find what works for you. That last post makes me feel a bit better about drawing characters I don't own. Still I am hesitant to making money off of them... but people love some Spidey and Wolvie...what are you going to do.

I know you had some issues with your gaming system lately, and you've been off MW3. I too recently put down my sticks and it frees me up to do more drawing/other things. I still get into gaming on occassion, but mostly I'm drawing or dealing with family/friends stuff.

I did notice that your artwork lately seems to be more inspired than it has in the past. You're putting up some impressive stuff David!

[davidskeleton]

Thank you very much. I feel I have really found a focus that I have been lacking, along with really spending the time to getting the pencils moving.

And yes.. My Xbox burned up my MW3 disc, and this was the only game I have been playing since I froze my WoW account.

So drawing it is!! And it has been a lot of fun getting back into it!!

[Sweattshop]

Since you aren't making a profit from your sketches of copyrighted characters, I don't think you should worry.

Comic book superheroes are meant to be emulated. Physically, contextually, in admiration, as study.
As I have said, this may have been a harsh overreaction on the part of fans and professionals, but Marvel/Disney now knows that we will defend ourselves socially and with our pocket books.

They also know we have other companies willing to fill the vacuum of their absence.

[davidskeleton]

Found this interesting.. he kinda sees some of the response the same way I did. I may be splitting hairs as this guy states but I still don't feel comfortable with Marvel's response. I think it is vague. Not that I haven't moved on from this in the direction I am going and feeling fully comfortable about doing so, I still thought this was a good follow up to continuation.



Grays

• 1 day, 23 hours ago by *seangordonmurphy
  
• Journals / Personal

Last week when I said that I wouldn't be doing con sketches of copyrighted characters, I had no idea that the news would get the coverage that it did. But seeing as how I helped poke the hornet's nest--and having taken the time to read the opinions of readers and other artists--I feel like it would be helpful if I responded to help clarify what's been happening.

First off, I think that what happened regarding this issue highlighted the BEST of our industry. I'm thrilled with the results, although I don't find Marvel's statement reassuring (more on that later). When we learned that Marvel was pursuing the $17,000 from Friedrich, we came together as concerned professionals and fans and managed to affect the situation. Even though we disagreed, at least we weighed out the options. And we even came together to set up funding to help out Friedrich. With the use of Twitter, blogging, and proper action from the media outlets, we all handled this very well. We showed such clamor for the situation, we even prompted Marvel to address the situation publicly.

Again, I think it was a good week for our industry. And I think we should stand tall.

When I made my statement, it wasn't meant to spread fear. It was mostly meant to pass along the possible legal ramifications of doing con sketches. I hate to bring down the party, but clearly the issue is in a legal "gray" area. Read the fine print of copyright law: even if you're not making money, you could still get into trouble. So everyone reading this has to make their own choice on what to do. If you decide to continue making sketches/prints/sketchbooks of characters owned by Marvel, DC, Dark Horse, Lucasfilm, Capcom, or any other corporation, then you'd better memorize the following statement, because this is essentially what you're saying:

I call it the Artist Alley Accession...

"I understand that sketches/prints/sketch books are in a legal gray area, but I'm going to continue doing them in hopes that the rightful owners of the characters decide to continue looking the other way. The long-standing tradition of convention drawings, and the fact that almost everyone in comics is doing this, IN NO WAY protects me from legal action that a corporation might one day take. If that day comes, I'll pay the price. But for now I'm hoping I'll get away with it because I feel it would be silly for a corporation to ruin the fun of convention sketching."

While I was thrilled that Marvel addressed this issue, it doesn't change anything for me. The CBR question addressed the drawing of Spider-Man--it would have been easy for Marvel to say, "We won't come after anyone for making a con sketch of Spider-Man," but they didn't exactly say that. They said that they weren't making any new policy announcements, and that they were glad that people could get sketches from their favorite Marvel artists. To me, that statement is purposefully vague. You might think I'm splitting hairs, but I think there was a reason why Marvel didn't say that the sketches could be SPECIFICALLY of Marvel characters. If they gave the green light like that, then they'd lose ground in the future if there ever was another lawsuit.

Last year I drew the Wolverine ABCs. When it was done, I printed out around 200 sketchbooks of them to hand out to industry friends. I knew enough about copyright law to know that I was in the gray area, even though they were only meant to be given away as gifts. I also gave them to people and editors who worked at Marvel--clearly I wasn't trying to hide what I'd created. Because I was a pro and because I wasn't selling them, I figured I'd be fine. After three conventions of EVERYONE telling me I should sell them, I broke down and sold some. At the last show that season, I sold the remaining 40 copies or so.

Then Marvel called. I explained that I didn't have a warehouse of sketchbooks, I only made around 200 (or close to that) and mostly I gave them away. I explained how none of the Marvel editors complained when I handed them one, and my lack of hiding the ABCs should show the innocent nature of my endeavor. I even offered to sign a Cease and Desist, and pay them the money I made selling the last 40. But Marvel wanted the rights to the ABCs--they wanted to own them and pay me nothing. I wasn't willing to do that, so I got a lawyer. And we eventually came together and agreed to drop the subject if I simply removed them from my site and promised not to make any more sketchbooks.

I was in the wrong. I really can't be angry at Marvel for their actions. They were in the right, even though some things at conventions are tolerated, it's still technically wrong. My mistake was being a higher-profile artist and making a themed book out of Marvel characters. I was surprised that it led to the threat of legal action, but it's not my call to make. I apologized to Marvel up and down, and I still feel incredibly stupid for what I did.

To be clear, I support Marvel's decision and I'm happy we worked out an arrangement. I bear them no ill will, and am only telling this story to outline the rights of both the creator and the corporation. I'm not trying to be provocative, only trying to help illustrate what creators need to do to protect themselves. Because I honestly believe that corporations don't want to go after creators, because it makes them the bad guy. Which they're often not.

My mistake was thinking that it was no big deal ... because most people in comics don't think it's a big deal. But most people haven't dealt with Marvel like I have, and that's what fueled my involvement in this entire issue.

I know people think I'm overreacting--I don't care. And I don't care if the industry standard is to keep making sketches/prints/sketchbooks, and I don't care if people keep getting away with it. I don't follow the "wink-wink industry rules" that exist in artists alley. I follow my own rules, and in this case I'm siding with copyright law. I'm siding with Marvel, DC, or any corporation who was the right to protect its interests. Marvel and DC should love that someone is making this statement, and out of his own free will.

I'm changing my sketch policy because I'm imagining the worst-case scenario, I know. In my mind, even DC could trace my sketch history of Batman drawings (a lawyer taking a quick look at Comic Art Fans would reveal the evidence), figure out what I might have charged, and take me to court. Or simply show me the information, threaten a lawsuit, and then get me to agree to lessen my DC page rate in exchange for not getting into trouble. Silly, I know. Unlikely, I know. I make the joke because I know the people at DC who will be reading this, and I know they have senses of humor and would never do that. But what if in 10 years their replacements read this and say, "Murphy's onto something, we should TOTALLY do that!" Then I'll be more protected for only drawing my own characters.

Obviously, sketching isn't going to stop. I know my stance is extreme, and I'm likely standing in a crowd of one. And I'm not judging people who continue their sketch behavior--some of my friends don't agree with on this as well. The income generated from commissions helps pay the bills, especially for younger guys just starting out, so keep doing them. And art blogs like the Twart should keep doing them as well; the stuff always helps generate interest in comics. I don't want to imagine a convention without Spider-Man sketches, so I hope it doesn't stop. I just can't bring myself to participate anymore.

I'm going to investigate getting a waiver from DC--maybe I'll find a legal solution to all this. I'm going into DC next week so maybe I'll find a way to bring it up.

[nate]

Good post David. Gave a nice rational point of view I agree with. I'm not going to stop doing fan art for fun and never really intended to present as prints for distribution but I certainly wont now. The big companies will never issue a blanket statement saying this issue is ok and wont be pursued because it will leave them far to open to large scale copyright theft. Vague is the best we can hope for.

[rmansperger]

The response from Marvel does feel a little vague - and always good to look after yourself and play it safe David. I respect your decision and it seems like the right one for you. It doesn't take much these days to find yourself under the microscope of trademark infringement at a 'con or to portray a character in a light a publisher will take issue with.