Copyright on Walter White

Alpha2Antagonist
posted by Alpha2Antagonist • 10 months ago

Now, I can understand why my design was rejected for submission. I don’t understand why other designs have not when they would fall under the same category.

I appreciate any clarification.

Here was my submission:

9 Replies

wotto wotto Artist from CA, United States

Hi,
Photography is copyrighted the same as art work. Simply taking someone else’s photography and adding a filter will not remove the copyright. Redrawing and changing it to making it your own is key. Either that or making parody of the character will be the only ways to get approval.
In some cases actors also protect their “likeness” which makes the issue even more complex. I hope this helps.

Alpha2Antagonist Alpha2Antagonist Artist from United States

Thank you for the response wotto.

However I am still a little confused on where this lies.

Yes, I did use a photo for reference, but I did not use any filter. This was completely hand drawn (redrawn from the image) in illustrator with the pen tool for about two weeks, and certain features were made to stand out more with the use of colors (e.g. wrinkles/lines around eyes and hair in the beard).

I already planned on making a piece for Walt, and when I saw the design, “I am the danger” posted on here, looking like a realistic pencil sketch (awesome work by the way), I assumed this design I was working on would be allowed as well.

Believe me, I am not trying to take someone else’s work (photo), adding a filter and taking all the credit. And no aspect of the design is live traced either.

Thank you for the help wotto.

CarolinaInBerlin CarolinaInBerlin Artist from Berlin, Germany

Hi,
great Artwork, it’s obviously not traced and “adding a filter”, if you have eyes you can see that’s an illustration!
This is called “vector Art”.....

But….. it’s definetly too similar to the Photograph!

If you make Fan-Art it’s importrant to make it in your own style, that means, unmistakeably your style….a Portrait in your special style. (more of your Style less of subject/Person)
Mostly it’s better to show your Fan Art in a Blog, not as a Design for a shirt, it’s a thin line between Art and copyright infringement without the permission of the Person you illustrate.
As caricature it works if you do not harm somebody with offence subjects.

Post it in a Blog, Heisenbergs Fans will Love it! :)

Alpha2Antagonist Alpha2Antagonist Artist from United States

Thanks for the response CarolinaInBerlin.

I do understand how mine would have copyright issues with the ‘likeness of character’ or similarity to the original photo.

My original intentions for the design were for fun and love of the show, and especially, the character, Walt, and not as a shirt design on here. It’s only when I saw a few other designs on here, one which was drawn from a picture, that I thought “Hey, I’ll submit mine and see what happens.” When it was rejected, I just did not know how mine differed from others when I felt my process from a photo was what others have done, even when it is very similar to the original.

Thank you again for your help, I really appreciate it!

wotto wotto Artist from CA, United States

As explained above. This art is way to close to this image:

If I laid your art over the top of this I know it would almost match up exactly. I’m not saying you didn’t draw it but it resembles a live trace piece of art. It is just too close to this photographers work. If I drew an almost exact drawing of Hydro74’s wolf I’m sure the community would flip out. Rightfully so, photography and art are no different when it comes to copyright. You referenced this image too closely.
The other design “I am the danger” is drawn with pencil and while it is awesome I also explained to that artist that it is unlikely to print here due to the risk of copyright problems. If we are in doubt we will not print and if we are uncomfortable with how closely something is referenced we will not approve it.

Alpha2Antagonist Alpha2Antagonist Artist from United States

I really appreciate the time you took to answer. When it comes to copyright issues with like this, I felt in an area of grey (matter, ha.) However, I do realize my work would cause problems, both for the original image as well as the character, etc. Furthermore, this design was, again, made primarily for enjoyment of it and not to become a DBH shirt. After all, it really is just fan art. Additionally, I wanted to post it here just to receive some traffic, as I do not have much of a fan base or share my work via social media, etc. Thank you again, wotto.

Inked Inked Staff: Community Manager from California, United States

Printed or not, you have some skills. Keep up the awesome work and submit something we can print!

wotto wotto Artist from CA, United States
Alpha2Antagonist Alpha2Antagonist Artist from United States

I appreciate the kind words.. I will absolutely apply for the collective store when I finish some more designs so I can hit the ground running.

Thanks again Inked and wotto

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