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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
8 Month Core Membership
Statistics 1,843 Deviations 11,126 Comments 156,738 Pageviews

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Dracula Shadow Claw by Tom Kelly by TomKellyART Dracula Shadow Claw by Tom Kelly :icontomkellyart:TomKellyART 30 2 Gandalf and the Eagle King by Tom Kelly by TomKellyART Gandalf and the Eagle King by Tom Kelly :icontomkellyart:TomKellyART 36 2 Optimus Prime Obsidian by Tom Kelly by TomKellyART Optimus Prime Obsidian by Tom Kelly :icontomkellyart:TomKellyART 55 4 Thunder Thunder Thundercats by Tom Kelly by TomKellyART Thunder Thunder Thundercats by Tom Kelly :icontomkellyart:TomKellyART 50 15 Domino kitty by Tom Kelly by TomKellyART Domino kitty by Tom Kelly :icontomkellyart:TomKellyART 17 2 promo Batgirl heroes 2018 by Tom Kelly by TomKellyART promo Batgirl heroes 2018 by Tom Kelly :icontomkellyart:TomKellyART 8 0 Megatron Lives by Tom Kelly by TomKellyART Megatron Lives by Tom Kelly :icontomkellyart:TomKellyART 85 12 For The Khan by Tom Kelly by TomKellyART For The Khan by Tom Kelly :icontomkellyart:TomKellyART 42 1 Black Legionnaire by Tom Kelly by TomKellyART Black Legionnaire by Tom Kelly :icontomkellyart:TomKellyART 58 3 Bulveye the Berserker by Tom Kelly by TomKellyART Bulveye the Berserker by Tom Kelly :icontomkellyart:TomKellyART 67 3 Free Comic Book Day and Beyond by Tom Kelly by TomKellyART Free Comic Book Day and Beyond by Tom Kelly :icontomkellyart:TomKellyART 4 1 It's a Jolly Holiday  by Tom Kelly by TomKellyART It's a Jolly Holiday by Tom Kelly :icontomkellyart:TomKellyART 15 2 Promo Magneto 2018  by Tom Kelly by TomKellyART Promo Magneto 2018 by Tom Kelly :icontomkellyart:TomKellyART 7 0 Mazinger promo beta by Tom Kelly by TomKellyART Mazinger promo beta by Tom Kelly :icontomkellyart:TomKellyART 5 2 Promo Wolvie by Tom Kelly 2018 by TomKellyART Promo Wolvie by Tom Kelly 2018 :icontomkellyart:TomKellyART 7 2 Chewbacca promo By Tom Kelly by TomKellyART Chewbacca promo By Tom Kelly :icontomkellyart:TomKellyART 9 2

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See me at Heroes con 2018!!!!!!!!!!

Journal Entry: Thu May 31, 2018, 10:12 AM
Hey Hey everyone just giving you all a heads up I'm going to be at Heroes con 2018 ( June 15-17  in Charlotte North Carolina  if you are in the area or going to the show stop in and say hi to me!
      Heroes con is like artist summer camp for me, I get to hang out with tons of my friends in a super laid back and relaxed place, eat great BBQ and get to meet and see so many elite level artist's and creators along with their cool art! The live art auction on Sat Night just melts my brain with all the beautiful stuff as well as the mind bending amounts of money that are bid for the pieces! Also this year  I will be joined by Podcaster Wendi Freemen this year, Wendi is not only an awesome podcaster ( here is a link to her show: doublepgspread.tumblr.com/ or here taylornetworkofpodcasts.com/20…  she is also on Itunes at Double Page Spread go give her show a listen it's totally worth it).
Wendi is also a tremendous help at every show and his an endless reservoir of support and encouragement for me, so you can stop buy and  talker to her too at my table.

So yeah if you get a chance head on down to heroes con and say Hi to Me and Wendi!!!!

You can also follow me out on my other social network feeds here:

Facebook
www.facebook.com/tommm9

Tumbler
tommm9.tumblr.com/

Twitter
twitter.com/Tomkellyart

Pintrest
www.pinterest.com/tomkellyart/

Instagram
www.instagram.com/tomkellyart/

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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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: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!!!
Reply
: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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:iconwild74bill:
Wild74Bill Featured By Owner Aug 3, 2017  Professional Traditional Artist
Thanks a lot for the detailed reply!
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:icontomkellyart:
TomKellyART Featured By Owner Aug 3, 2017  Professional Digital Artist
no problem.
Reply
:iconsotofive:
sotofive Featured By Owner Apr 13, 2017
Tom your daredevil artwork is amazing I'm need a artist to draw a comic book. It's about daredevil daughter that I created please contact me at sotofive2003@netzero.net or 973 619 2674 as soon as you can. Thank you
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