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I honestly never see any info about what “work for hire/works made for hire” actually is, especially within the scope of being contracted for it as a freelance artist, especially in circles rife with younger artists. Sooo I decided to write a small thing about it, at least as it applies in the U.S.

Copyright goes like this: Author(s) of a work are the original copyright owners from it’s conception. So, you’re an artist and you just finished a piece? That piece inherently belongs to you without any fancy strings or steps required. You made it, you own it, even if the work is commissioned by someone else. You are the author of the work, so it is yours, explicitly. That is your inherent right as the author of the work. Work for hire is a transfer of these inherent rights. That is not a bad thing, it happens all the time! Either you are employed, so any work you make for your employer during the term of your employment is inherently work for hire, or you can be commissioned/contracted specifically to work for hire.

What bothers me is when I see people explicitly telling others to find artists to agree to work for hire contact work, and they do not actually talk about what work for hire is. I won’t go so far to say it is malicious, but I will say that it’s… It’s very, very misleading. If you’re a younger artist, it probably sounds pretty fancy and professional - “I got paid $200.00 to do a work for hire commission! I’m a professional!” I definitely know that, when I was younger, I would’ve been over the moon at that kind of offer.

… But here’s the thing: remember how working for hire is a transfer of rights from the artist to the employer…? You might think, “Well, that’s no big deal!” and, sure, in a lot of cases, it might not be! But you have to consider the following: You, the artist, wanna make prints to sell of what you were just contracted to do, because you’re so proud of it and people may ask for them to buy. You cant.

You cannot use it for merchandising, you cannot make prints of it, and your authorship is not recognized in any legal sense. As far as the law is concerned, your employer made the work. Again, this is perfectly fine - when both parties go in with full, informed knowledge and consent of what is actually happening. And if both parties are going in with this full scope of consent: your budget is either much higher than $200.00 (because they understand that you, the artist, cannot get any future profit from the work), or you’re firm on your quote, which is probably much higher than $200.00.

Copyright law of the United States

Wikipedia Entry on Works Made For Hire

And this is my vague screaming in the general direction of misinformation for the day. 8T

Please refrain from re-posting my art to sites like rule 34 + e621 + tumblr porn blogs + etc! Because, if you found my art, you probably got it from my galleries! And, rest assured, you can fav, like, and reblog most of my art from their original source - me!

The reason I politely request this is because I don't like tag what you see policies, and I'm also not a huge fan of people removing my art from its original context, or talking about it as if I don't go looking and see what people say. Some people say some really awful things when they think the artist isn't around, which is mega disheartening, and also doesn't make ya feel very good when you go looking. So! I will be having my art purged from those outside spaces where applicable, and will be putting myself on DNP lists, because I would like to be more in control of where my content goes.

I'm mostly just putting this here as a polite "please don't!" while I figure out where my art's been scattered around and going about having it purged and myself put on DNP lists.

Thank you!
Because why not, seeing as I'm trying to be more active in a variety of places!

My name is Namiin, or Alex if you'd prefer! I'm 22, an art school drop out, genderqueer, and I do mostly erotic art. Whoops. 8T My other galleries are definitely not SFW, nor are they for anyone under the age of 18 years old.

I live somewhere in the Midwestern U.S with my husband, and we both consume the entire region's egg supply in a matter of weeks. (We like eggs a lot.) I live off of my art in a non-published capacity at the moment, though I'd like to change that soon! Currently, I have a Patreon where I'm working on a porn-with-plot comic called A Hunter's Mistake, starring Kiiv'an and Thea'on, my two queer yautja babies.

MY PRONOUNS ARE: fae/faer/faers/faerself, or they/them/their.

Aaand I think that's it? I'm bad at writing about myself unprovoked, haha!

Here are my other galleries that you must be 18 years or older to view in their full capacity:

[Weasyl] | [Tumblr] | [Twitter] | [Patreon] | [Furaffinity]