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blanca_beasley_commission_by_sakura_studio-d4tolr6.png
 
I'm with Ink. I can't honestly disparage the work itself- the vast majority of it is extremely well done and showcases some incredible talent/skill. However, it's a bit like seeing the Eiffel Tower from twenty different angles and positions... it's nice, but it's still the phuqing Eiffel Tower AGAIN.

Re-inventing the wheel can only get you so far before the audience gets bored.
 
I am playing catch up with some long over due private commissions.

This week it's Daphne from Scooby doo.

Got a Batwoman next for a fellow freak!

Daphne-Commission.jpg
 
Agreed. That Daphne piece rocks!

Now... if only someone could come up with a piece that makes Velma look just as hot...... :)
 
Here's another wall of text post from me, but I thought you guys might find it interesting. Mike DeBalfo posted this on his Facebook page and while he liked it, I have a lot of problems with it.

It's the "California Resale Royalty Act" and it states that any art you buy from an artists must have a 5% fee paid back to the artist if you ever resell it afterwards. I'll just pick out some highlights:

"-when a person purchases fine artwork and then resells it for more than $1,000, such seller must pay five percent (5%) of the “gross sales price” to the artist who created the artwork. If the seller can’t locate the artist within 90 days, the royalty must be deposited with the California Arts Council.

-Example: Let’s say that you bought from an art gallery an original painting created by artist John Pierre for $1,200.00. Then, 5 years later, you resell the same painting for $5,000 to a private party named Jane Dole. You must pay the artist, John Pierre, 5%, that is, $250 from the sale. Let’s further assume that, 10 years later, Jane Dole resells the same painting for $100,000 to an art collector, Fredrick Kent. Jane Dole must pay artist, John Pierre, a 5% royalty, that is, $5,000.00. In other words, each time the art is resold, the artist is entitled to be paid a royalty if the art appreciates value. If Mary cannot locate, then the royalty must be deposited with the California Arts Council.

-Commercial works, such as advertisements, books, magazines, electronic publications, posters and other unlimited reproductions of fine art, and works made for hire, are not covered.

-Under this law, it is the seller's obligation to seek to locate the artist within 90 days and pay the royalty due. Otherwise, the royalty must be paid to the California Arts Council, 1300 I Street, Suite 930, Sacramento, CA 95814, (916) 322-6555, (800) 201-6201.

-What should I do if I now realize that I violated the law? Probably, you should send a royalty payment to the artist. Sandwich the letter with a thank you for having created a wonderful work for you to enjoy for years.

-May I legally enter a contract (agreement) with the artist to not owe the royalty? No. The right to collect resale royalties can be assigned (i.e., the royalty right can be transferred to another person), but it cannot be waived by contract. In other words, if an artist signs a contract saying he won’t accept a royalty (or a royalty less than 5%), that part of the agreement is not enforceable. However, the artist can legally agree to receiver a higher royalty.

-What if the Artist is dead? Upon the death of an artist, the royalty rights inure to his or her heirs until the 20th anniversary of the death of the artist. The artist at the time of death must have been a United States citizen or have been a California resident for at least two years.


I found this interesting as well

Side Bar – Destruction of Artwork: In addition, an artist whose work is intentionally or is, through gross negligence, altered or destroyed without his or her permission has the right to injunctive relief, compensation for the loss, payment of attorney's fees and expert witness costs, and potentially punitive damages -- even though the artist no longer owns the work. (California Civil Code §§ 987 and 989)

I told Mike that when an agreement is made between the artist and the buyer, the deal should be done; there shouldn't be a "Oh, and by the way, if I ever get popular, you keep paying me" clause. Mike tried to rebut, saying that people think artist's don't need money, and that they are never paid enough to make a living (minus the heavyweights of the industry, of course). But I countered that if someone bought a piece for $1000, and if they just couldn't afford it and needed the same amount of cash back without looking for a profit, that that person would have to pay the $50 5% fee just to get rid of it. But regardless of the reason why you would want to get rid of something, why would you have to pay a fee to anyone when that is the going rate for a piece? If Mike sold something for $200 and then it got resold for $5000, wouldn't that mean that his own art worth is up to $5000 and not the old $200 range he was asking for? Should a person who owned a home in the middle of nowhere continue to get paid percentages of future sales when that "middle of nowhere" area suddenly becomes a booming city with higher property values? Should I get future percentages of a sale for a car that I rebuilt the engine of, just because it suddenly has become a collectible? I'm all for artist's getting paid, but not for being handed money.


Like always, if you don't like my words, here's some pictures, lol :)

WB2.jpg

Astonishing%20X-Men%2029%20%28pencil%29.JPG

kieth%20max.jpg

storm_by_protokitty-d4rqx1u.jpg

white_queen_by_protokitty-d4tgvlv.jpg

poison_ivy_by_protokitty-d4s7cus.jpg
 
IdeaOfEvil said:
Here's another wall of text post from me, but I thought you guys might find it interesting. Mike DeBalfo posted this on his Facebook page and while he liked it, I have a lot of problems with it.

It's the "California Resale Royalty Act" and it states that any art you buy from an artists must have a 5% fee paid back to the artist if you ever resell it afterwards. I'll just pick out some highlights:

"-when a person purchases fine artwork and then resells it for more than $1,000, such seller must pay five percent (5%) of the “gross sales price” to the artist who created the artwork. If the seller can’t locate the artist within 90 days, the royalty must be deposited with the California Arts Council.

-Example: Let’s say that you bought from an art gallery an original painting created by artist John Pierre for $1,200.00. Then, 5 years later, you resell the same painting for $5,000 to a private party named Jane Dole. You must pay the artist, John Pierre, 5%, that is, $250 from the sale. Let’s further assume that, 10 years later, Jane Dole resells the same painting for $100,000 to an art collector, Fredrick Kent. Jane Dole must pay artist, John Pierre, a 5% royalty, that is, $5,000.00. In other words, each time the art is resold, the artist is entitled to be paid a royalty if the art appreciates value. If Mary cannot locate, then the royalty must be deposited with the California Arts Council.

-Commercial works, such as advertisements, books, magazines, electronic publications, posters and other unlimited reproductions of fine art, and works made for hire, are not covered.

-Under this law, it is the seller's obligation to seek to locate the artist within 90 days and pay the royalty due. Otherwise, the royalty must be paid to the California Arts Council, 1300 I Street, Suite 930, Sacramento, CA 95814, (916) 322-6555, (800) 201-6201.

-What should I do if I now realize that I violated the law? Probably, you should send a royalty payment to the artist. Sandwich the letter with a thank you for having created a wonderful work for you to enjoy for years.

-May I legally enter a contract (agreement) with the artist to not owe the royalty? No. The right to collect resale royalties can be assigned (i.e., the royalty right can be transferred to another person), but it cannot be waived by contract. In other words, if an artist signs a contract saying he won’t accept a royalty (or a royalty less than 5%), that part of the agreement is not enforceable. However, the artist can legally agree to receiver a higher royalty.

-What if the Artist is dead? Upon the death of an artist, the royalty rights inure to his or her heirs until the 20th anniversary of the death of the artist. The artist at the time of death must have been a United States citizen or have been a California resident for at least two years.


I found this interesting as well

Side Bar – Destruction of Artwork: In addition, an artist whose work is intentionally or is, through gross negligence, altered or destroyed without his or her permission has the right to injunctive relief, compensation for the loss, payment of attorney's fees and expert witness costs, and potentially punitive damages -- even though the artist no longer owns the work. (California Civil Code §§ 987 and 989)

I told Mike that when an agreement is made between the artist and the buyer, the deal should be done; there shouldn't be a "Oh, and by the way, if I ever get popular, you keep paying me" clause. Mike tried to rebut, saying that people think artist's don't need money, and that they are never paid enough to make a living (minus the heavyweights of the industry, of course). But I countered that if someone bought a piece for $1000, and if they just couldn't afford it and needed the same amount of cash back without looking for a profit, that that person would have to pay the $50 5% fee just to get rid of it. But regardless of the reason why you would want to get rid of something, why would you have to pay a fee to anyone when that is the going rate for a piece? If Mike sold something for $200 and then it got resold for $5000, wouldn't that mean that his own art worth is up to $5000 and not the old $200 range he was asking for? Should a person who owned a home in the middle of nowhere continue to get paid percentages of future sales when that "middle of nowhere" area suddenly becomes a booming city with higher property values? Should I get future percentages of a sale for a car that I rebuilt the engine of, just because it suddenly has become a collectible? I'm all for artist's getting paid, but not for being handed money.
Click to expand...

what's he smoking? the only money I'm giving an artist is when I pay them to do it :cuckoo:
 
IdeaOfEvil said:
I told Mike that when an agreement is made between the artist and the buyer, the deal should be done; there shouldn't be a "Oh, and by the way, if I ever get popular, you keep paying me" clause. Mike tried to rebut, saying that people think artist's don't need money, and that they are never paid enough to make a living (minus the heavyweights of the industry, of course). But I countered that if someone bought a piece for $1000, and if they just couldn't afford it and needed the same amount of cash back without looking for a profit, that that person would have to pay the $50 5% fee just to get rid of it. But regardless of the reason why you would want to get rid of something, why would you have to pay a fee to anyone when that is the going rate for a piece? If Mike sold something for $200 and then it got resold for $5000, wouldn't that mean that his own art worth is up to $5000 and not the old $200 range he was asking for? Should a person who owned a home in the middle of nowhere continue to get paid percentages of future sales when that "middle of nowhere" area suddenly becomes a booming city with higher property values? Should I get future percentages of a sale for a car that I rebuilt the engine of, just because it suddenly has become a collectible? I'm all for artist's getting paid, but not for being handed money.
Click to expand...

I totally agree with ya on these two points of your comment. :lecture Good post and thanks posting it!

white_queen_by_protokitty-d4tgvlv.jpg
Click to expand...

I love this White Queen. :naughty

ink said:
what's he smoking? the only money I'm giving an artist is when I pay them to do it :cuckoo:
Click to expand...

:lol :lol :lol

I don't know...but I'd like some. :monkey3
 

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