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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
4 Month Core Membership
Statistics 1,888 Deviations 11,260 Comments 162,043 Pageviews

Newest Deviations

IG88 Hotshot by Tom Kelly by TomKellyART IG88 Hotshot by Tom Kelly :icontomkellyart:TomKellyART 24 6 Electric blanka by Tom kelly by TomKellyART Electric blanka by Tom kelly :icontomkellyart:TomKellyART 21 4 juri battle stance by Tom Kelly by TomKellyART juri battle stance by Tom Kelly :icontomkellyart:TomKellyART 25 4 ryu-sun-spot by Tom Kelly by TomKellyART ryu-sun-spot by Tom Kelly :icontomkellyart:TomKellyART 19 2 Ibuki deadly weapon by Tom Kelly by TomKellyART Ibuki deadly weapon by Tom Kelly :icontomkellyart:TomKellyART 20 0 Magicians Fan Art Contest Tom kelly heroes and vil by TomKellyART Magicians Fan Art Contest Tom kelly heroes and vil :icontomkellyart:TomKellyART 56 7 Poision cuffs by Tom Kelly by TomKellyART Poision cuffs by Tom Kelly :icontomkellyart:TomKellyART 22 0 Sagat Strike by Tom Kelly by TomKellyART Sagat Strike by Tom Kelly :icontomkellyart:TomKellyART 16 0 Vega Blades by Tom Kelly by TomKellyART Vega Blades by Tom Kelly :icontomkellyart:TomKellyART 22 0 zangief Red Soldier by Tom Kelly by TomKellyART zangief Red Soldier by Tom Kelly :icontomkellyart:TomKellyART 24 3 Urien fist by Tom Kelly by TomKellyART Urien fist by Tom Kelly :icontomkellyart:TomKellyART 20 4 Cammy Kill Kill by Tom Kelly by TomKellyART Cammy Kill Kill by Tom Kelly :icontomkellyart:TomKellyART 43 6 Chun Li Cage Fighter by Tom Kelly by TomKellyART Chun Li Cage Fighter by Tom Kelly :icontomkellyart:TomKellyART 19 2 Fighter Control by Tom kelly by TomKellyART Fighter Control by Tom kelly :icontomkellyart:TomKellyART 22 0 Oro Power Fist by Tom Kelly by TomKellyART Oro Power Fist by Tom Kelly :icontomkellyart:TomKellyART 28 6 Guile Flat Top by Tom Kelly by TomKellyART Guile Flat Top by Tom Kelly :icontomkellyart:TomKellyART 21 3

Random Favourites

Surprise Attack by the-hary Surprise Attack :iconthe-hary:the-hary 574 18 Black Widow by Paul-Moore Black Widow :iconpaul-moore:Paul-Moore 11 7 Inktober Day 6 by OtisFrampton Inktober Day 6 :iconotisframpton:OtisFrampton 152 7 Northlord vs. Ogre King by jubjubjedi Northlord vs. Ogre King :iconjubjubjedi:jubjubjedi 146 21 Dark Elf - Warhammer Age of Reckoning by IvonaVasileva Dark Elf - Warhammer Age of Reckoning :iconivonavasileva:IvonaVasileva 88 5 She Bites! by HobbyFX She Bites! :iconhobbyfx:HobbyFX 17 0 The Acropolis Glasgow by Estruda The Acropolis Glasgow :iconestruda:Estruda 75 12 a girl and a robot by apterus a girl and a robot :iconapterus:apterus 386 14 Kindred by RinRinDaishi Kindred :iconrinrindaishi:RinRinDaishi 5,057 150 Quiet - Metal Gear V by IXISerenityIXI Quiet - Metal Gear V :iconixiserenityixi:IXISerenityIXI 558 41 Imperator Furiosa again by Paul-Moore Imperator Furiosa again :iconpaul-moore:Paul-Moore 9 9 Sunset Fishing by Hideyoshi Sunset Fishing :iconhideyoshi:Hideyoshi 866 39 Wallpaper magazine. by Mariko-chan94 Wallpaper magazine. :iconmariko-chan94:Mariko-chan94 191 5 Angels' Power - Page 35 by Smirtouille Angels' Power - Page 35 :iconsmirtouille:Smirtouille 180 10 League of Legends Braum concept/Study by kse332 League of Legends Braum concept/Study :iconkse332:kse332 730 36 thought by marklaszlo666 thought :iconmarklaszlo666:marklaszlo666 317 22

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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: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
Нi. Im lооking men for sex. My nude рhotо hеre: copy&paste zzadult. com
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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? 
Reply
: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!
Reply
: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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