Can I Create Art Commissions in Another Artist’s or Company’s Style?

Absolutely, if you're commissioning people to draw Original Characters (OCs) and not using licensed or copyrighted characters. But there are a lot of nuances to be aware of.

Understanding Art Styles and Copyright

Art styles, purely the techniques and aesthetic elements used in artwork, are generally not protected by copyright. This is an important distinction. Therefore, you are free to mimic another artist’s style in your work, provided it is only for non-commercial, private use.

Original Characters and Copyright

When it comes to Original Characters (OCs), there's more flexibility as long as these OCs are not specifically licensed or copyrighted. Characters in works of fiction or illustration are not automatically covered by the copyright of the work they appear in. This means that lesser-known OCs are free to use, just as main characters or logos and designs are often copyrighted or trademarked.

Proving Uniqueness and Distinctiveness

To protect an Original Character, the creator must prove that the characters are sufficiently unique and distinctive to merit copyright protection. Not all characters can simply claim copyright over characters appearing in their work. This is important when you are trying to submit or share your own OCs with the public.

Combining Styles with Originality

Even if you use the style of another creator and non-copyrighted original characters, as long as you create your own original characters from scratch, you are not violating copyright. This is akin to using fan fiction as a basis but adding your unique elements to create something new.

Commercial and Non-Commercial Considerations

The nature of the commission is crucial. A private commission for a non-commercial, personal use poses much lesser issues. However, things change dramatically if the work is commercial, involves reusing the material in multiple instances, or if it's used in advertising where it has a wider public impact. In these cases, you must be much more careful to avoid infringing on intellectual property rights.

Parody, Satire, and Commentary

Parody, satire, and commentary can be protected under the principle of fair use. For example, Dillon Boy can use Mickey Mouse in a painting as a cultural statement, provided he's not making a cartoon using Disney's copyrighted material.

Conclusion

In conclusion, while you can certainly use another artist's or company's style for private and non-commercial art commissions, you must be cautious when moving into commercial territory. Always consider the nature of the commission and ensure you are respecting intellectual property rights to avoid any legal issues.