The ethics of selling prints of commissioned artwork

[clocktock]

Tried to make a thread to discuss this in the Art Discussion board (where you only theoretically go to discuss art?) and no one had anything remotely interesting to say. Mostly they just behaved as if they didn't know what the word "ethical" meant, or didn't even notice that it was an integral part of the question, and told me that I should ask the commissioner. Which was not really ... the point.


Anyway! Suppose someone commissions you to draw X. Assuming that X is not their original character, or otherwise their property, and assuming that it is a personal commission and not commercial, is it ethical to sell prints of the finished work?

Like, if Amy pays you $30 to draw a polar bear, is it "wrong" to sell prints of that polar bear to other people?

On the one hand, Amy paid $30 so it seems unfair to let other people have the image for, say, $10. On the other hand, the image would never have existed to begin with if Amy hadn't paid the $30, so while she paid more, she would never have the option to buy it for less.
Supposing, then, the polar bear becomes a popular image and many people want a print; should you be drawing a second polar bear under threat of being 'slimy?'

If there is serious interest in that polar bear, Amy's polar bear, any subsequent polar bears to sell prints of would be ... so similar to the first that there is barely any point in redrawing.

It seems like such iffy territory to me. I see both points very clearly, and I can't make up my mind on how I feel about it.  

[Syrella]

I guess it's kinda gray area there. In a normal situation, then:

Amy paid $30 to get artwork. She got the original, too.

Tony paid $10 for the same print. He gets a reproduction of the original, not the real deal.

Personally, I think it's okay if you sell prints to others. People do that in the art world all the time.

Now, what I think you're concerned about.. is strictly online business. In that case, it's kind of hard to say who has the "original" or the "copy". That's just a quality of the internet and of the computer. Art is very easily reproduced.

It's possible to argue that Amy got the bad end of the deal, since she had to pay three times as much as Tony did. On the other hand, she was the one who commissioned it in the first place. Perhaps it is fair.

What I'd say... on a practical basis, if you're gonna let people make commissions, let them know ahead of time that you'll want to sell the print later. Offer to give them a "special" version, either with a "To Amy" text or something to differentiate Amy's image from the others, etc. That way there's less room to argue that her version was somehow "cheaper". And, if you want to go all the way, you could also send her the .psd or .bmp or whatever other original files you have.

That's just my take on it anyhow~~ :/ Hope I made sense.  

[Errol McGillivray]

There's no ethics issue if you either:

Ask the client for permission to sell prints. If they say yes, ask them how many. If they say you can sell 10, then you print and sell 10 and no more.

Put in your agreement that you reserve the right to sell prints in the future. If they agree to have the work done, and that's a clause, then they already agreed that you can sell prints.

Hopefully, Tir will post to this thread. She sells prints and I bought one from her that was in limited supply because her client gave her permission to sell a specific number.

I don't think prints should be that expensive anyway since they're mass produced and you're not paying for something one of a kind. The price of the print is unrelated to the price of the commission though. The person got what they wanted and that's what they paid for. With prints, people are picking up something they like. But it wasn't customized for them.  

[clocktock]

I feel a little weird about even asking a client, though, is mostly why I'm gauging opinions. It just seems really uncomfortable to me, and I don't know if it seems that way because I'm being weird and over-thinking it, or if it really is kind of dubious. (Though answers so far lead me to believe I'm being weird, heh.)

Like, I don't know. The fact that you can do something, or that you have permission to do something, I don't think it has any bearing on whether or not doing it might be kind of slimy, or might figuratively leave a bad taste in someone's mouth.

._. Not that I'm saying I necessarily think it's "wrong," it's definitely something I need to think about more, but it's ... it's never been something I'd considered doing before, until my roommate commented on my latest commission that he wanted a print copy of it. I'd always kind of figured commissions were, on the whole, too personal for other people to be interested in them, but this is obviously untrue.  

[tirbutt]

I pretty much agree with what's been said already... but here's my two cents:

I think it's only dubious is if you print&sell without the permission/knowledge of the original commissioner, or if you sell the print against their wishes. If everyone knows very clearly what's going on, then I don't see an ethics issue.

Personally, I will often ask my commissioners if I can sell prints of their commission if I especially like it - some say no, but a majority say yes, especially since I offer them a free print as well. I also ask for permission in case I want to submit the art later into anthologies/artbooks etc... and I always save their reply for reference just in case. A lot of the commissioners are actually very happy to get prints of their commissioned work smile ...

I also don't believe that the commissioner gets a bad deal at all - you're drawing something that they wanted specifically while others who buy the print can only choose from what's available.

It CAN be uncomfortable to ask sometimes - but it's up to the individual artist if they want to or not... I have friends who both do and do not.

In Amy's case where she asked for a polar bear... or maybe a fanart character etc,... it may feel more 'comfortable' to get it printed, but I would still ask permission, or have her know up front that there is a chance that the final product will be printed.  

[Sazarac]

When I do a piece of commissioned artwork I always tell the buyer that I reserve the right to create and sell prints from the original.
This is part of my deal for doing a commission.

If you have not brought this up at the very beginning, you should do so before creating the prints. This has nothing to do with ethics, it's simple politeness.
BTW, an original with a print run is considered to be more valuable, which is nice thing to tell your commissioner. wink

Original artwork always sells for more then a print.
I personally charge more for doing a commissioned artwork.
Here is a quick FYI on print runs.
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1. Signed and numbered prints sell for more then only signed prints.

The smaller the number of prints, the higher the price.
If you want to get fancy, "remarked" signed and numbered or "proof" prints go for the most amount of money in print runs.
Not to mention the first part of the print run being more valuable then the later part.

2. Signed only prints sell for more then unsigned open edition prints.

3. Unsigned open edition prints go for the least amount of money as a print.

Print size is also a factor in a print run.
I.E. a 5x7 will cost less then an 8x10 for the most part.
Not to mention paper types and print types.
Photo prints may costs more then regular paper prints even if they are smaller in size. Print runs can get mighty complicated.
This is from experience working in an art gallery and selling my own prints.
I hope it helps!
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