ANNOUNCEMENT: REGARDING THE SELLING OF MSPA STUFF

[Lexxy]

Yeah, I really don't think anyone who has purchased commissioned work or merch in the past has anything to worry about, nor has anyone who has sold said things. Andrew just ain't that kinna guy. Even from here on out, I think it's really up to the artist to get permission, not the person asking for the art, but my knowledge of the legality of these things just is not anywhere near reliable. I read the documents and interpreted it as best as I could, but I'm no expert.

Just try to do what you feel is right and respectful :>

[scarredGodslayer]

Haven't actually posted in a while, but this piques my curiosity. I should note that I am devoid of artistic talent and that this is from the viewpoint of a purchaser.

I'm curious as to the boundaries on this not for the purpose of going right to the furthest possible edge or anything like that, but so I have a better idea of the reasoning behind this. I'm assuming that it's less the art commissions and more on the side of say, plushes and more premium items such as $80 Sollux shades. On one hand it seems more logical to go for the things that cost more due to an assumed higher profit, but on the other hand I think they would be more beneficial to allow, as long as an inordinate amount of money is going into the maker's pocket. I'll use a Lemonsnout plushie as an example. Before this, say I wanted a Lemonsnout plushie, I would simply find someone who takes commissions whose quality I liked and pay probably around $40, which taking into account materials and time invested, is a reasonable price. I get a Lemonsnout plushie, they get to craft something they enjoy crafting and get fair compensation. It's also reasonable to assume a non-Homestucker friend could see the plushie and ask about it, which leads to telling them about MSPA and possibly a new member of the community. If Lemonsnout plushies fall under the no-go category following this, and there is no official alternative, the result is simply no Lemonsnout plushies except for ones you've made yourself, which not a lot of people are capable of doing. No more money in Andrew's pocket because of it, simply less Lemonsnouts floating around and less Homestuck in the world. If there is an official product available and people are copying that, it is a whole other matter entirely, but when it's something that is not officially being produced and can be made within the community, I personally see nothing wrong with it.

I'll admit that I am nowhere near well versed in economic matters such as these, and realize Andrew has good reasoning for making this call, and I definitely have faith that they are good reasons and he knows what he's doing. These are just the concerns that come to mind due to the vagueness of it, though I am well aware there are people in the fandom who would abuse wiggle room, so I understand the reason for making it vague. Hoping this didn't come off as negative, I'm just a huge Homestuck fan who is sad to see the amount of Homestuck memorabilia I can buy decrease in any quantity.

[Blueberry]

If you contact an artist and they ask Andrew, it is possible they can get permission for one-off commissions like the Lemonsnout plushie you described. Also, there are several artists (mostly members of the art team) who have permission from and/or deals with Andrew to make and sell items based on Homestuck (like skepticArcher's prints and Eyes5's plushies).

The main reason for saying NO SALES OF FAN WORK PERIOD is mostly to eliminate any grey area. If you give people wiggle room they will abuse it.


does that answer your question?

[Scorium]

In these situations, I find that a diagram always helps.

Luckily, I made one.


Feel free to correct me or blast this post into the next world if I'm wrong in any aspect of this somewhat long image.

---EDITED---

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[Blueberry]

That's amazing and I love it. I'd like to put it in the OP here, but could you make one small edit?

Advertising of ANY kind in the forums isn't allowed, period. I mean I guess, technically, admin permission would be okay? But I don't see that happening.

Also, if you could add a small line on the "okay" side in reference to the fact that mentioning that you take commissions or having a link to commission info as fine, as long as you're not offering commissions/doing business directly through the forums.

[Scorium]

That's amazing and I love it. I'd like to put it in the OP here, but could you make one small edit?

Advertising of ANY kind in the forums isn't allowed, period. I mean I guess, technically, admin permission would be okay? But I don't see that happening.

Also, if you could add a small line on the "okay" side in reference to the fact that mentioning that you take commissions or having a link to commission info as fine, as long as you're not offering commissions/doing business directly through the forums.

Edited and ready for the forum's masses.

Remember kids:
Asking permission and being allowed or denied is better than doing whatever you want, and not caring about the artist's feelings on the matter.

"G.I. JOOOOOOOOOOOOOE!!!!"




(Also replaced in the the previous posting)

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[orngjce223]

...I hope you don't mind, but those are jpeg artifacts and SBaHJ has very much sensitized me to their existence. :/

[Scorium]

...I hope you don't mind, but those are jpeg artifacts and SBaHJ has very much sensitized me to their existence. :/

Awwwww. Do you want a semi-moving .gif instead? I can arrange that.

[The Z-W]

whoops my question was actually answered in the OP nevermind

[TimeChaser]

Just to be clear, doing commissions of peoples' fantroll characters is okay? Like, I sometimes do custom convention badges of peoples characters. If someone said "Draw my fan troll" I could offer that?

[tynic]

yep, fantrolls are AOK.

[Vorked Larfleeze]

TECHNICALLY. If it is fanart, and under certain restrictions, the selling of MSPA drawings is legal. Like, if you make a drawing of the characters all doing something incredibly stupid, then you could sell it under the rights of parody.
That is it, though.
I help run multiple websites and webcomics, so I had to read up on this to make sure it was lawful to make "Mr. Fish" shirts and merchandise.
As long as it is a parody, then it is legal. Nothing else is, because think of how hard it is to pass a stuffed toy or something as a parody. It is all about working within the constraints of law and the word of the material holder.

Like, if Hussie himself sold something as merchandise that involved Con air, he could get in major trouble from the copyright holders.
No one is safe from this, yo.

[The Cool]

I recenly undertook a project: make a series of 10 or so Scalemate plushies, and mail them across the continent to a select group of people.
One member of this select group is willing to cover costs of materials and shipping and such.

After reviewing this thread, this whole thing seems just a little bit questionable.
My question is, is this okay?

[Blueberry]

If they're being done as gifts, it's fine. I'll even go so far as to say the "cost of shipping" thing is fine, as long as you are not making a profit off them and the intent is still for it to be a gift rather than a commission.

[tynic]

yeah, smacking down on people being nice to each other isn't what this is about - gifts are definitely ok.

[halfassured]

Here's something I've been curious about since this came up -- will there be some kind of formal licensing structure eventually, for people who want to sell stuff but can't get permission to do it for free (or would rather not)?

[tynic]

... yeah, ok, that's a question that can't actually be answered without correcting some misconceptions. I don't think it's said anywhere that people will necessarily get permission to sell things for free.

When I sold homestuck prints, Andrew and I worked out a deal with royalties for him, as did the other officially licensed artists. I would assume this to be the case going forward for any and all 'mass'-produced items. Individual commissions may well be an exception, although I can't say for sure. But basically, all permissions and licensing are worked out on a one-off basis for each individual creator. So ... there already is a formal licensing structure? but it's not a generic, one-size-fits-all contract; it's handled by andrew et al. as each request comes up.

[GeekyMeagz]

Were you guys the one that was selling commissioned buttons at Anime North this year?

[Blueberry]

"you guys"?

[CodeXANA]

I'm... kind of new to all of this.

So, if I were to be commissioned for a picture of anyone from Homestuck, I would have to ask Hussie for permission beforehand, correct? Or just not take payment?

I'm incredibly glad that I found this. Because I've been contemplating selling some of my art and chainmaille(Homestuck related believe it or not) at up-coming cons. But I had no idea I was in need of permission.

[Blueberry]

So, if I were to be commissioned for a picture of anyone from Homestuck, I would have to ask Hussie for permission beforehand, correct? Or just not take payment?

I'm incredibly glad that I found this. Because I've been contemplating selling some of my art and chainmaille(Homestuck related believe it or not) at up-coming cons. But I had no idea I was in need of permission.

Email Andrew with an explanation of your Homestuck commission policies and some examples of the work you would want to sell at cons.

[CodeXANA]

Ah alright. Thank you.

[nicol-baka]

recently i've bought materials in preparation for a homestuck cosplay (for myself), however i wound up buying an amount that is probably more than i will actually need and i was thinking that depending on how much is leftover i might like to make some duplicates to sell for fairly cheap in order to use up the leftovers and get back some of the money i paid for them. and now before you say anything, I am planning on e-mailing Hussie once i know exactly what (if anything) I'd be making. my question is, since there is no advertising here, what would be the best way to get in contact with someone who may be interested? I don't have any kind of online store and don't really want to have to make one since this is just a one-time thing to use up extra material. suggestions? (is this even the right place for this inquiry?)

[Blueberry]

If and when you get permission from Andrew, shoot me or Tynic or Lexxy a PM. I can't tell you anything until you have more details about what you'd be selling.

[nicol-baka]

gotcha, i just didn't want to go into too much detail and be misinterpreted as trying to advertise