The question I couldn't see where else to put it...

[JayDee]

'cos I really don't see this as being something that needs a FAQ, and that was the closest!

So my understanding of disclaiming is that if we do something based on a video game, we'd disclaim ownership/profit making etc of said game as usual, and the same if the story was inspired directly by a particular still image taken in-game, or released as official art by the game's producers/designers/PR/whathaveyou.

It is also my understanding that if we have a story idea inspired by a piece of fanfiction, say with a particular offshoot storyline, we'd need to disclaim the original fandom as usual, as well as the inspirational fanfiction, and also get the full prior permission of the fanfiction writer (basically a step further than we take the process for the original game, where we don't ask the game producers before publishing the story, we just cross our fingers and hope they don't notice.)

So I figure it's much the same with a piece of fan art as with fan fiction. Ages ago I did a story based on a piece of fan art and, at the artists request, wrote a story on it where I credit 'em for the picture at the start. Just recently I saw another piece of fan art capturing such a perfect moment in time that it inspired a story of how the moment came apart, the moment, and the aftermath. So I spoke (well, emailed) to the artist who is fine with me doing a story, seemed impressed with how the rough draft looks (the word 'Excellent' was used ), but has firmly pointed out the artwork was commissioned by someone else. The artist spoke to the commissioner who likes the idea of a story based on the picture in concept, so I emailed them for their permission a while back and didn't get a reply. (There's a slight possibility they were thoroughly appalled by some of my more extreme stories, unrelated to the fan art inspired story... )

What all this is building to is, when basing a story on commissioned fan art, while it would obviously be necessary and ethical to credit the artist for the picture, and the commissioner for commissioning it and so originating the idea - though the scene composition/anatomy is probably more the artist's area of responsibility - , is it also necessary to get a commissioner's permission to post a story, or is this (and any similar) likely to have to remain unpublished?

I figure the answer is likely yes, and that there's even a good ethical reason I can respect for why, but I can't think of it. S'a good piece of fan art though.

...does this even make sense? You can probably tell why I thought this didn't belong in a normal support forum request. NOBODY would ever ask it, and there's no Unfrequently Asked Questions request board.

[DemonGoddess]

As long as you get the artist's permission and credit it properly, I don't see why you'd have to ask the person who commissioned the work. After all, you got perms from the person who created the art.

[JayDee]

Thank you for answering this. Yes, I'd certainly credit it properly (with the URL to the picture in the artist's gallery, where allowed).

I just hadve this nagging feeling that it feels like using an idea without permission - the artist wouldn't have created the picture without the commissioner commissioning it, so it's kind of like the commissioner's idea (even if he didn't originate the idea of the game character in that kind of situation, he did put it forward to the specific picture that originated the story) I'd be using without permission, rather than the artist's.

This was probably just a case of me worrying over nothing

[DemonGoddess]

Very likely. But that's okay. You can post the link in your story to the original art ya know.