Thanks to everyone for the replies so far! There’s some really helpful information here.
The reason I’m so careful in this matter is that I think there’s a potential risk of copyright infringement. Now, in many cases companies won’t press charges in this matter because they recognize that they benefit a lot more than they lose when people create interesting stuff based on their IP. However, they can always potentially change their minds about all of that…
Short answer (and yes, IAAL, although this is *not* legal advice)
Of course. I’m just looking to find out what other people know, have heard or how they deal with it.
the copyright holder in the original photo generally owns the copyright in any "derivative work," which your drawing seems to be. See, for example,
this circular from the US Copyright office.
It definitely seems to fall into that category since it’s not only a drawing based on a character but also one created on the basis of a photograph of the character.
You also may want to consider the right of publicity of
Marc Alaimo, the actor who played Dukat, which is separate from copyright.
Interesting. I hadn’t thought of that.
Practically speaking, whether anyone would object is an entirely different question, but attributing (with a link) to the original work is not a bad thing to do in any event. {ProfJonathan}
That’s probably true. I’m not sure that pictures on the internet, mind you (it probably is). It was on the back of a magazine a few years ago. I might have a look and see if I can find it. I suppose a reference to that particular issue would also work if there’s no link.
Well, we had a long running discussion about this because some eBay seller took my a picture of a render I made, chopped off the logo, and said he wouldbe making wooden models of it. You can read about it
here. Problem is, that's a clearly identifiable ship that is not made by CBS/Paramount. On the other hand... It's your drawing.
I remember seeing the thread a while back. I’m sorry about what happened. That really sucks.
Since you created an original design, wouldn’t all of it (drawing and design) clearly be yours? Or is creating something that has Trek’s ‘style’ enough to make it CBS/Paramount’s?
You can show it to show off your skills without anybody making a problem out of it. So I think you can do it sefely
Probably. I’m just very careful when it comes down to these things.
I thought the whole copyright thing always centered around money - are you monetarily profiting from your work without giving Paramount their cut? If no, then they can complain all they want but even if they did "shut you down", they wouldn't gain much for their efforts, since no money is involved. If you will be selling copies of these drawings, then they'd have something to say about it.
I’m not interested in selling the drawing at all. I just want to show it (along with other drawings) to showcase my drawing skills.
I think making money off it would definitely be inviting trouble. If you’re not making money off it, I’d assume it’s at least somewhat less risky.
