Easily one of my most successful portraits. Hand drawn private commission in pencil. I later colored it digitally with handmade paper, gold and oil emulsion.
Carla Speed McNeil alerted me to this Paypal images license change which goes into effect on June 1st. WHAT THE HECK?
“When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Services, you grant the PayPal Group a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the PayPal Group, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the PayPal Group’s use of such content (including of works derived from it) in connection with the Services.”
OK, what I think they are trying to get at is that if one of your images in embedded in a Paypal button (or something) then you give them the right to do that. Which they’d probably have the right to do through fair use anyway.
But this gives Paypal ridiculously broad rights beyond that, and it is something creators should be aware of.
Also, it occurs to me that someone selling art they did not do, say a dealer, is violating this agreement because they do not create or own the intellectual property rights to the art they sell.
How is Paypal going to be used to sell anything? A book, a manuscript, a painting, etc. But…you don’t own a book you are reselling, you don’t own the IP of a picture you are selling. You’re just selling a physical item you own. IP rights do not convey.
IP rights also should not convey to what is basically a money changing service.
Paypal’s response to me on Twitter.
If Paypal merely wants the right to retweet, then their user agreement should say “we have the right to retweet or to post a letter you write us!” instead of making a broad statement about how they also get things like trademarks in anything you “post” or “provide”. The user agreement is too broad and needs a rewrite.
UPDATE: Some excellent commentary on the language of the user agreement. Not going to grab your rights, but the language of the agreement is still lousy.
My SEKRIT PROJEKT announced: an autobiographical graphic novel of the life of Stan Lee. With Peter David. Colors by Bill Farmer and letters and art assist by Allan Harvey my invaluable art restorer on A DISTANT SOIL. He also does the art restoration on much of the old Marvel art used in the book.
I was surprised and thrilled that Stan wanted me on this project. It is drawn in a cartoonier style than I normally use, and it is quite fun. Wish I could show you some, but can’t.
The deadline is very tight and I don’t have much time left, whew! So, bye!
Fans and pros make vicious comments online, and then complain that they are poor bullied little innocents when they are held accountable for the things they say.
Some of the stuff gets blown out of proportion, some is rightly and roundly trounced.
What we have online is a bunch of people who act like they are in a bar, and who think they can just say whatever they want to say, and all their friends will pat them on the back and shout “Hail, Fellow! Well met!”
Except you’re not in a bar with all your like minded friends who listen to you spew the N-word, but will turn around and swear on a Bible you’re not really racist. If you are online, you are in the public sphere. And if you are a professional in this business, you have to be professional.
You can’t turn around and complain you’re being bullied when you use a public platform to say something ugly and then have to deal with it when people call out your ugly comments.
Criticism isn’t bullying.
I’m not talking about death threats and organized hate, I’m talking about “Hey, this comic art is sexist,” is not bullying. “Hey, this comment about Jews, not cool.” is not bullying. “Saying feminists are Nazis is wrong because feminists didn’t kill 11 million people,” is not bullying.
As pros, we put our work out into the public sphere and then the public gets a say. That is all there is to it. They could sure as heck be more polite in their discourse, but you don’t get to control the reaction of the public. You produce and they decide. That’s it.
If the work is criticized, fair game. If the criticism becomes personal, then you, the recipient of the barb, have a right to nuke it ’til it glows. You can either block them, or delete their comments, or let them know exactly what you think of their nonsense. If they insist on telling you what they think of you by shoving it in your face on twitter or in personal notes, you have the right to react. And if you are not stalking them and threatening them and spewing invectives, it’s not bullying.
I have seen pros who openly mock the letters and comments of fans on their FB pages, who then turn around and complain about Feminazis and their bullying about big boob comic characters.
Well, folks, criticism works both ways.
if you make a public statement, it’s public domain. It’s not yours anymore.
And trying to frame the criticism many so easily dish out as bullying when it boomerangs right back to the source is just plain cowardly.
OK good news for you, especially those who are waiting for commissions.
The bad news (in one sense,) is that a major project which would have taken an entire year has been axed. This has nothing to do with me. The writer has simply decided he can’t do the book.
I do have a mini-series on my plate to move on to after my current graphic novels are wrapped up in June.
However, there is a very good chance there will be a hole in my schedule. For a month or more.
My first obligation is to all the people on my commission list who have been so patient. If I can meet those obligations, I will take on more commissions. I will definitely be able to take on a small number of commissions at my personal appearances this year, Derby City Comic Con and Wizard World Portland.
So for all those who have been waiting for me to finish commissions, you won’t have to wait much longer. And for those who want commissions, there will probably be a 3 week window in which I can take on several more.
Please contact me via my website contact button for inquiries.
Thanks for your patience!
In the meantime, I have a very heavy workload for the next 80 days, so back into the rabbit hole I go!
And one of my commissions: Bat Napoleon
Now that’s devotion.
Deven Stephens, who has been an A DISTANT SOIL fan for years, has tattooed both legs with these incredibly detailed A DISTANT SOIL images. His tattoo artist is John Howard from Finishing Touch
Tattoo in Mattoon IL. I am really impressed by this incredible work! These photos are posted with permission.
Click for a larger look at the images. And then click again for a full page image.
When someone makes your art a part of your life, it’s really special. Thanks for sharing these, Deven!