© 1999-2014 Hope Bryant (of Drakenhart Studios).
All Rights Reserved.
All materials contained on this site and its subsidiary sites are protected by United States copyright law through the Digital Millennium Copyright Act (DMCA) and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission from Hope Bryant (of Drakenhart Studios), except under specific limited circumstances as outlined below.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- Fair Use considerations, as dictated by the US Copyright Offices.
- You may print or download to a local, private hard disk or flash drive – extracts, images, or articles for your personal and non-commercial use only.
- You may copy the content to individual third parties (specifically other art galleries, like DeviantArt) for your personal use, but only if you acknowledge this website as the source of the material, and leave any digital copyright watermarks intact. (See Attribution.)
- In regards to interviews, reviews, public critiques and commentary, wherein my works are posted on a 3rd party site by another party (ie. not by me) – I must be contacted prior to any other public distribution of the article, video, commentary, etc for review first. This is to assure branding, business identification, and proper attribution is intact. (See Fair Use above.)
- In regards to Pinterest, the only images, articles, etc. that may be allowed on their site are the following:
More Information on Fair Use & the DMCA:
- US Copyright Offices: DMCA .pdf Document
- Stanford University Library: Fair Use
- Wikipedia: Fair Use
- Columbia University Advisory Office: Fair Use Checklist
Copyright in Regard to Commissioned Works
Rights and Ownership
All original works of art or writing produce by me (Hope Bryant) that are in a final format (whether “finished and refined” or “roughs, sketches, wire-frames, or outlines”) are protected. This includes, but is not limited to, individually commissioned works of characters, scenes, layouts, etc. that are not of my own original Intellectual Property.
I retain certain rights even to “Works for Hire“. Any “Works for Hire” will require a strict contract agreement with an allowance for my own personal, non-commercial use of works created. (Ex. For my professional Portfolio, and as examples of work completed for other potential clients to view).
In the cases of a character (see “Original Character” below) or characiture of someone, I retain all rights to the copyright of the work in question. I have the right to create duplicated works to use/sell as reproductions/re-prints at any time - unless contracted otherwise.
- Exclusivity of a piece (ie.I do not sell reproductions/re-prints of a given work) increase the price of any and all commissions produced to compensate for the loss of additional income.
- In some cases, allowing me to reproduce, reprint, or otherwise benefit financially from the piece sometimes reduces the cost of the final work.
In any of the above cases, the work itself can not be reproduced, distributed, or displayed by the client for commercial purposes without proper contractual documentation.
Allowances for Display Purposes
In regards (only) to visual artworks of a client’s personal character(s) (see “Original Character” below), the client may post said artwork to a 3rd party online art gallery (whose rules allows such) as part of their online collection only if they retain the attribution, post the link to this website, and retain the watermark.
Examples of Attribution:
art © 2014 Hope “Drakenhart” Bryant
Please check out her work here!: http://www.drakenhart-studios.net/
art © 2014 Hope Bryant (aka Drakenhart)
Please check out her work here!: (other off-main-site art gallery)
art © 2014 Hope Bryant
In regards to the artwork in question, for display purposes only, they may;
- post (publish) to their online collections and personal art galleries,
- share (distribute) on/in online public areas,
- or place on a webpage (publish).
As long as proper credit is given.
They cannot, however, sell prints of the work or otherwise financially benefit from it in anyway.
No work is allowed to be altered for personal or private use without written permission. You want an icon made of the illustration? just ask. I might even do it for free if I have the time. You want to make a banner for your book-sales and want to use my works, just ask. I may even offer to do the work for a discount.
Any collaborative work and the collective owners’ rights are protected under the laws of collaborative works.
Unless contracted otherwise, all Licensing of artwork will never remove my ability to produce the art elsewhere for my own needs or benefit.
I will not create works that violate any specific law of the U.S. to the best of my ability.
I will not create art to benefit from financially, that conflicts with the current copyright laws.
This includes, but is not limited to:
- Recreation of characters that are either trademarked, or are owned by a company’s/individual’s copyright. (Fan Art)
- Characters as described in stories, books, articles, or rp manuals/books are covered under this limitations due to how US copyright currently views “characters”.
- Direct tracing or copying of a pose from any other previously created artwork, animation, film, or design that I did not create myself.
“Original Characters (OC)”
I reserve the right to print, re-print, distribute, re-distribute, re-use, edit, etc, any and all artworks created by me at my sole discretion as per US copyright laws – unless otherwise contracted.
You may request, as part of the contract, either the full, or partial copyrights to a given commissioned artwork.
What is this about?
At this time, the only “original characters” that are copyright-able are those published in novels, stories, poems, and other written media as part of a writer’s copyright. Any character of a visual media (cartoon, animation, etc) cannot be claimed under a copyright in the same way it can be claimed by an author. Most of these are trademarked (Disney Characters), or the individual artworks themselves are covered under the artist’s copyright.
This is important to understand, as there is a lot of mis-information about this online. However, copyrights change as people challenge the status quo. So it is always good to be on top of this particular topic.
- Why you can’t sell your story about spider-man but you can record a cover of his theme song: from i09
Fan Art is the only exception I hold to creating works based on some other entity’s copyright. However, due to the nature of derivative works, and the grey areas of US copyright law in regard to such things, there are a few specifications to Fan Art I have to make.
- It must fall under either the precepts of Fair Use and/or the allowance given to Parody Works.
- If someone asks me to create such “Fan Art” items that do not fit under Fair Use, or Parody, I must receive permission in writing to use such characters, objects, logos, etc. by the copyright owner, or I will not accept the commission.
- If a company is known for protecting it’s copyright from non-sanctioned derivative works I am forced to refuse such a public commission.
My Black List
I will not and can not supply public “fan art” artwork for the following:
- Walt Disney Studios / Pixar
- White Wolf Game Studios
Using my Characters, Stories, or other Creations
- Do not make money on them, this includes posting them to site where there is banner advertising that earns you or your host income.
- Attribution – link to this website.
- Commissioned pieces (that I purchase of my own characters) does not count here.
More Information on Fan Art
- The Messy World of Fan Art and Copyright by Jonathan Bailey on Plagiarism Today
- Fan Art and Fair Use: One Truth and Five Myths by Sarah on Etsy.com
- Fan Art article on Wikipedia
- Daycare Centers & Disney article on Snopes
- Are Fan Fiction and Fan-art Legal? article on i09
All the above may be changed at any time.