Copyright characters - drawing only the background?

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~Raikita Nov 12, 2012 Digital Artist

I'm researching this as I type (well.. after) but I wonder if anyone knows already.. so someone asked me to draw them a background for a scene that will have a character that is copyrighted. I don't want any infringement, but I'm only drawing the background soo what are your thoughts?

Thank you! :3

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Devious Comments

~macker33 Nov 12, 2012 Student Traditional Artist

As far as i know if you mirror the image you will be ok, i'm not certain though

~Raikita Nov 12, 2012 Digital Artist

Oh hahaha there's no copy-pasting, it's the drawing from scratch. But it's okay, I got it figured out now! :3

`nokari Nov 12, 2012 Professional Interface Designer

You're only drawing a background. As long as the scene isn't also distinctly part of a copyrighted or trademark universe created by the same owner of the rights to the character, you're not liable for anything the other person adds to it. If the person is trying to do a parody or satire piece with both the character and your background, then neither of you has anything to worry about.

~Raikita Nov 12, 2012 Digital Artist

Ohh okay then, thank you! :>

*AJGlass Nov 12, 2012 Professional Artisan Crafter

you're not liable for anything the other person adds to it

Provided you don't know that the other person is going to add a copyrighted character.

Creating a background you know will be used along with a copyrighted character could be akin to aiding and abetting copyright infringement.

Especially if you, as the background creator, get a cut of the proceeds from the sale.

None of this will likely ever get litigated, but it's worth noting.

~Lytrigian Nov 12, 2012 Hobbyist Writer

Or even Canadian case law, since that's where OP is from. (I'm less confident about non-US law, so I won't be surprised if you can prove me wrong in that case.)

~Lytrigian Nov 12, 2012 Hobbyist Writer

Show me one example anywhere in American case law where someone has been prosecuted for "aiding and abetting copyright infringement".

I don't mean actually facilitating it, like they're saying of Kim Dotcom who is charged with actually providing the means for illicit file sharing, but by doing something as incidental as this. You almost might as well prosecute the art supply shop for selling Copics to the infringer.

*AJGlass Nov 12, 2012 Professional Artisan Crafter

Hence the sentence: None of this will likely ever get litigated, but it's worth noting.

Also, one should never underestimate how many charges can be leveled against just about everyone involved - especially when it comes to the sue-happy nature of folks such as the RIAA/MPAA and other rights holders.

They tend to have a shotgun approach to litigation. And in the case of Kim, sometimes "shotgun approach" is taken literally.

~Lytrigian Nov 12, 2012 Hobbyist Writer

If it was that big a deal, DeviantArt would have been shut down long ago, or else eliminated the fanart category.

The point is that "aiding and abetting copyright infringement" in this sense is, to my understanding, neither a crime nor a tort. I'm willing to be proven wrong, but not with fearmongering.

*AJGlass Nov 12, 2012 Professional Artisan Crafter

Wait, you're relying on DA to tell you what's a big deal?

That alone should be a criminal offense!

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