Legal question: Can I feature characters from other comics?

[MylCreates]

I'm pretty sure this is allowed but I'm asking the verification of the community.

There's a part coming up in my comic where I'd like to feature a bunch of different characters from other comics around Tapastic hanging out in the backgrounds. I'd give reference credit the the character's creators (their name and comic title) in a later page/comments.
The issue is if I end up printing and selling the series, I wouldn't be able to give a portion to the creators who's characters I drew in those few pages, but I'd reference them all the same in say the back pages.
I was wondering if that was alright legally, (I don't want to get sued ). Or if I'd have to get like a electronic ok from every creator. Or if I just shouldn't feature anyone's characters at all to be on the safe side.

Thanks
~Myl

[feyuca]

You should just ask the creators themselves for permission to feature! Let them know you'll be printing beforehand. It's just background characters, so nbd. Keep the emails/messages as back up tho just in case. ;0

[MylCreates]

I believe they're called cameos

[kambreapratt]

I wouldn't do that unless you had permission from the creators. Some people might be under contracts or agreements that might not allow you to use their characters. They are owned by their individual creators are not public domain. Personally, I would not do that unless you had written permission and agreements with the other creators. Especially if you plan on printing it or selling it and are offering only credit. Some people might be totally fine with that and others might not.

I would just cover my butt and get permission first.

[MylCreates]

Yeah I kind of figured that too. <.< I don't want to get them or myself in any trouble. Do you think a virtual messaged "ok" from the creator would be enough or I should I provide a sign-able pdf too?

[kambreapratt]

You can ask the individual creators. Some might be like "OK" is enough and others might want more. Couldn't hurt to have something ready just in case.

[rollo75]

You might want to check the copyright regulations in your country. They might fall under Trademark or Copyright legislation. There are also "fair use" guidelines as well.
Cameos usually are considered "fair use" but not if you're making wholesale use of a proprietary character by having them in a story.

If in doubt, don't.

If you're fine with fair use...

[jedi34567]

I think an OK via message would be considered adequate consent in this case. A lot of creators would probably love having the additional exposure. You would have to make sure that you weren't misrepresenting the character in any way though, so be careful. You couldn't have the character smoking, for example, if the original comic doesn't explicitly show that the character smokes.

--Paul

[AlkseeyaKC]

I had some friends add Neon Glow camios into their comics with out asking me. I was like "OMG!!!!!! I AM SO HONORED!! O A O,"

I don't mind at all. it makes me feel awesome that someone would so such a thing. > w <

[taihendechu]

Hm... I think it depends. It's a difference if you let appear characters in the background (easter egg like) or if you involve them in the story (and decide what they are saying/doing). I personally wouldn't mind if one of my characters appears in the background... I would feel honored plus it's free advertising. Like fanart.^^ Involving them in the story is a different thing and I would wan't that people ask me before doing it. (Probably I would be fine about it.. it's just right to ask before..)

However, as everyone can have a different opinion about this, the best thing would be to ask the creators on their wall directly. If they respond and give their OK, it will be fine :3

[Sketchmazoid]

are you making money? if the answer is no, then you do whatever the heck you want yo.

[michaelson]

It never hurts to be polite and ask. Plus doing something like this is great, it helps connect artists and I think just asking them can get a dialogue going of your characters appearing in their backgrounds.

[Creaux]

Never hurts to ask, as Michael said! But here's what you can and cannot do with a "Yes" reply!

You can:
Feature their character in a non-major roll for a very short time (cameo as it's known)

You cannot:
Make revenue off of your work. Unless the artist and you sign a contract (say if you go to premium or make money off of your creation) you need to either pay the cameo'd artist a lump sum for use of their character for X amount of pages, or a cut of book sales, or no payment at all. But you NEED to have a written and referenceable document stating the terms otherwise you're totally messed over if you ever make money and an artist you asked pops up and (Not saying they will) lie and say you did it with no confirmation.

I've seen great comics go down because of small things like this! Be careful!

[MylCreates]

Awesome! I was actually considering felisneon to be one of the cameos.

[MylCreates]

Yeah, it's mostly just for easter egg sake just to show how much I honor some of my favortie Tapastic comics ^w^'.

[MylCreates]

At the moment no. But if the miracle ever happened that I ever did start making money from it (not sure if support program counts in this regard or if it's just physically publishing the book to sell at say a convention), I just want to be extra careful.

[MylCreates]

Thanks Creaux for the advice, I'll keep that in mind.

[Dranif]

Well, if you wanted to cameo any character from my comics, you most certainly may.

[AlkseeyaKC]

REALLY!!! ( * w *) Please do send me page when or if you do!! <3

[davidlhickmon]

I don't know about others, but I have an open "go ahead and use my characters" attitude. As far as then going to print, I would suggest first asking permission, and when you do, make sure you properly credit the original creators. Let them know you're going to credit them. This should buy you a lot of good will. It's basically free advertising.