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About Digital Art / Professional Core Member tom kellyMale/United States Groups :iconbastions-7: Bastions-7
 
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Deviant for 12 Years
1 Month Core Membership
Statistics 1,889 Deviations 11,285 Comments 164,611 Pageviews

Newest Deviations

Warband Black Legion by Tom Kelly by TomKellyART Warband Black Legion by Tom Kelly :icontomkellyart:TomKellyART 113 4 IG88 Hotshot by Tom Kelly by TomKellyART IG88 Hotshot by Tom Kelly :icontomkellyart:TomKellyART 29 10 Electric blanka by Tom kelly by TomKellyART Electric blanka by Tom kelly :icontomkellyart:TomKellyART 22 4 juri battle stance by Tom Kelly by TomKellyART juri battle stance by Tom Kelly :icontomkellyart:TomKellyART 27 4 ryu-sun-spot by Tom Kelly by TomKellyART ryu-sun-spot by Tom Kelly :icontomkellyart:TomKellyART 22 2 Ibuki deadly weapon by Tom Kelly by TomKellyART Ibuki deadly weapon by Tom Kelly :icontomkellyart:TomKellyART 22 0 Magicians Fan Art Contest Tom kelly heroes and vil by TomKellyART Magicians Fan Art Contest Tom kelly heroes and vil :icontomkellyart:TomKellyART 58 7 Poision cuffs by Tom Kelly by TomKellyART Poision cuffs by Tom Kelly :icontomkellyart:TomKellyART 23 0 Sagat Strike by Tom Kelly by TomKellyART Sagat Strike by Tom Kelly :icontomkellyart:TomKellyART 17 0 Vega Blades by Tom Kelly by TomKellyART Vega Blades by Tom Kelly :icontomkellyart:TomKellyART 25 0 zangief Red Soldier by Tom Kelly by TomKellyART zangief Red Soldier by Tom Kelly :icontomkellyart:TomKellyART 28 3 Urien fist by Tom Kelly by TomKellyART Urien fist by Tom Kelly :icontomkellyart:TomKellyART 21 4 Cammy Kill Kill by Tom Kelly by TomKellyART Cammy Kill Kill by Tom Kelly :icontomkellyart:TomKellyART 44 6 Chun Li Cage Fighter by Tom Kelly by TomKellyART Chun Li Cage Fighter by Tom Kelly :icontomkellyart:TomKellyART 21 2 Fighter Control by Tom kelly by TomKellyART Fighter Control by Tom kelly :icontomkellyart:TomKellyART 24 0 Oro Power Fist by Tom Kelly by TomKellyART Oro Power Fist by Tom Kelly :icontomkellyart:TomKellyART 29 6

Random Favourites

Masters of the Universe by davidjcutler Masters of the Universe :icondavidjcutler:davidjcutler 395 37 Katana by c44zi Katana :iconc44zi:c44zi 116 17 Mrs. Marvel pinup ink by Bradleyo Mrs. Marvel pinup ink :iconbradleyo:Bradleyo 119 23 Phenomenon Submission by k04sk Phenomenon Submission :iconk04sk:k04sk 3,362 184 He-Man by HeavyMetalHanzo He-Man :iconheavymetalhanzo:HeavyMetalHanzo 875 102 Lady Death Artist Exclusives by dsoloud Lady Death Artist Exclusives :icondsoloud:dsoloud 54 6 Sagat sketches by joverine Sagat sketches :iconjoverine:joverine 1,820 92 In the Depths of a Nightmare by Vertaki
Mature content
In the Depths of a Nightmare :iconvertaki:Vertaki 1,906 412
Freedom by SoulDa Freedom :iconsoulda:SoulDa 383 61 2011 MOTU - MAN-AT-ARMS by Vandrell 2011 MOTU - MAN-AT-ARMS :iconvandrell:Vandrell 280 64 TEASER_04_DIRTYRACE31 by Vandrell TEASER_04_DIRTYRACE31 :iconvandrell:Vandrell 704 49 Spirit of Fighting by vishstudio Spirit of Fighting :iconvishstudio:vishstudio 3,376 293 Mighty Mugg Cat Woman by DESIGNOOB Mighty Mugg Cat Woman :icondesignoob:DESIGNOOB 11 1 Mechopolis by Borruen Mechopolis :iconborruen:Borruen 536 86 Blind Dead by EvanCampbell Blind Dead :iconevancampbell:EvanCampbell 3,292 272 Bot by KidAntipathy Bot :iconkidantipathy:KidAntipathy 174 17

Happy Halloween Everyone

Tue Oct 16, 2018, 9:59 AM



Hey hey I hope everyone is having a fun Halloween season!!!!

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TomKellyART's Profile Picture
TomKellyART
tom kelly
Artist | Professional | Digital Art
United States
Current Residence: chicago IL USA
Favourite genre of music: to many to list
Favourite photographer: none
Favourite style of art: digital art
Operating System: mac
MP3 player of choice: ipod
Shell of choice: crab shell
Wallpaper of choice: none
Skin of choice: none
Favourite cartoon character: yogi bear
Personal Quote: i just ate what?
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:iconi-2035:
I-2035 Featured By Owner Jan 18, 2019  Hobbyist Digital Artist
Thank you so much for the fav' La la la la
I really appreciate it Hug 
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:icontomkellyart:
TomKellyART Featured By Owner Jan 18, 2019  Professional Digital Artist
oh cool you have some great stuff!
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:iconi-2035:
I-2035 Featured By Owner Jan 23, 2019  Hobbyist Digital Artist
Ehehe thank you Sir Hug 
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:iconskullgrin-140:
Skullgrin-140 Featured By Owner Jun 29, 2018  Hobbyist General Artist
Keep up the cracking work mate! 
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:iconderekdwyer:
DerekDwyer Featured By Owner Dec 5, 2017  Hobbyist Traditional Artist
Thanks very much for the favourite Tom!
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:icontomkellyart:
TomKellyART Featured By Owner Dec 5, 2017  Professional Digital Artist
no problem it's cool stuff!!!
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:iconnikia52:
Nikia52 Featured By Owner Oct 21, 2017
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:iconadrianaalencar:
AdrianaAlencar Featured By Owner Sep 2, 2017  Hobbyist General Artist
:heart:
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:iconwild74bill:
Wild74Bill Featured By Owner Jul 28, 2017  Professional Traditional Artist
Considered selling some of my fan art. How do you handle the copyright issues? 
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:icontomkellyart:
TomKellyART Featured By Owner Jul 29, 2017  Professional Digital Artist
Well here is my take with fan art sales. One if I don't own the rights to the character or image then it is pretty much against the law. That being said it's a law that is about as enforced as jay walking or spitting on the sidewalk. Most of the times when the company or person who owns the rights to what you are selling (i.e. the fan art you have made.) they usually send you a written legal notice saying stop what your doing or you will be sued. Some places online such as deviantart, etsy, kickstarter and ebay have rules that state you can't sell stuff you don't own the rights too so those communities sorta self police. Mainly these sites have those rules so the Site can't get sued if someone on there does sell bootleg stuff (material you don't own the copy right for.) as a way to cover those sites asses. T-shirt companies have these rules too and all of these sites don't have the time or energy to enforce their rules so a lot of fan art is sold on all of these places.
Some people will argue that the fan art they make is a humorous parody and because it falls into that classification and it is not subject to the same copyright laws and rules. Still Parody is a very murky water of an exception to the rules so in most cases people get that sorta rule wrong.

 Also the term "fan art" is a huge poorly defined term that usually means characters or things that people Know and recognize even though in some cases there is no copy right issues at all. For example The Wizard of OZ, all the OZ books and characters are in the public domain (this means that NO ONE OWNS THE COPYRIGHTS TO THE WIZARD OF OZ BOOKS AND CHARACTERS). Just google the wizard of OZ and public domain and you can see this info. SO you can do art Of the wizard of OZ say a cool wicked witch of the west or Gelinda the good witch. You just can't use images from the movies or TV shows but if you depict the source material from the books as described in the books or your own versions then you can't be successfully sued for violating copyright laws. so you could draw a tin man on a yellow brick road and violate now copyright laws yet because it's a known character you are still making fan art even though it is both your original tin man design.

So in short just assume that whatever your selling is bootleg i.e. against the law unless you have pain the copyright holder for permission to use said character. Accept that if you do sell fanart that if the copyright holder does tell you formally and legally to stop selling then you should stop so as not to get sued. Accept that many places online may refuse to display your merch due to it's suspect nature or they may just pull your stuff once they are aware of the situation. Finally be aware that even if you have bought the right,have legal permission to sell the items and or the character in question is public domain you will still get people yelling at you for copyright violations and many get your stuff pulled from sites because very very few people understand the laws and the exceptions to them. Many many people sell all sorts of fan art online and never get into any major trouble or fines or go to jail, usually they just get their page pulled or materials taken down or told legally to stop.
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