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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 13 Years
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He-Man and Battle Cat by Tom Kelly by TomKellyART He-Man and Battle Cat by Tom Kelly :icontomkellyart:TomKellyART 70 4 Lady death Metal as Hell by Tom kelly by TomKellyART Lady death Metal as Hell by Tom kelly :icontomkellyart:TomKellyART 40 2 BumbleBee Battle Ready by Tom kelly by TomKellyART BumbleBee Battle Ready by Tom kelly :icontomkellyart:TomKellyART 107 10 Vers Battle Ready By Tom Kelly by TomKellyART Vers Battle Ready By Tom Kelly :icontomkellyart:TomKellyART 40 0 Chopper Cap by Tom kelly by TomKellyART Chopper Cap by Tom kelly :icontomkellyart:TomKellyART 58 2 Punisher Lord of war by Tom kelly by TomKellyART Punisher Lord of war by Tom kelly :icontomkellyart:TomKellyART 45 0 Cupcake Cappy Classic by Tom Kelly by TomKellyART Cupcake Cappy Classic by Tom Kelly :icontomkellyart:TomKellyART 11 5 Cup cake HYDRA Cappy by Tom Kelly by TomKellyART Cup cake HYDRA Cappy by Tom Kelly :icontomkellyart:TomKellyART 13 2 Diva Gun fighter by Tom Kelly by TomKellyART Diva Gun fighter by Tom Kelly :icontomkellyart:TomKellyART 70 3 Spiderverse Gwen by Tom Kelly by TomKellyART Spiderverse Gwen by Tom Kelly :icontomkellyart:TomKellyART 506 34 Captain Marvel Firestorm by Tom Kelly by TomKellyART Captain Marvel Firestorm by Tom Kelly :icontomkellyart:TomKellyART 120 11 Tom at NWI comic con 2019 by TomKellyART Tom at NWI comic con 2019 :icontomkellyart:TomKellyART 16 2 Warband Black Legion by Tom Kelly by TomKellyART Warband Black Legion by Tom Kelly :icontomkellyart:TomKellyART 144 22 IG88 Hotshot by Tom Kelly by TomKellyART IG88 Hotshot by Tom Kelly :icontomkellyart:TomKellyART 30 10 Electric blanka by Tom kelly by TomKellyART Electric blanka by Tom kelly :icontomkellyart:TomKellyART 24 6 juri battle stance by Tom Kelly by TomKellyART juri battle stance by Tom Kelly :icontomkellyart:TomKellyART 29 4

Random Favourites

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Heroes Con 2019 Pre-show Commisions List OPEN

Journal Entry: Thu Mar 28, 2019, 9:57 AM
Hey All
Just dropping everyone some info I will be tabling at heroes con 2019 this year and my Pre-show commission list for the show is now open. I only will have 10 slots for pre-show commissions so don't wait too long they do fill up fast.
just a heads up for folks who don't know Pre-show commissions are sketch commissions I do be for the show and will have them ready for pick up the first day of the show. This allows me to take more time and be able to produce more involved illustrations
in my home studio space rather than in the battlefield conditions of the show. I will be still do sketches at the show but only 9x12 black and white sketches. pre-show I can do 11x17 size sketches because I have the space and all the materials at hand.
Heroes Con is on June 14-16th in Charlotte North Caroline at the convention center its always a fun show. If you want a commission form me this is a good way to get one even if you are not going to be at the show because I will be in commission mode right up until the show.
Also if you are not attending the show I still can just mail off the commission to you so its win win all the way around.
So if you do want a pre-show or just a regular sketch commission from me just private message or email me here or at my other social network places and I will send you my rates and price break down for whatever you have in mind. Well that's all for me now but you all have a great one!!!


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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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: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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: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.
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: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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:icondrawnm0nster:
DrawnM0nster Featured By Owner Feb 3, 2017   Digital Artist
Great artworks! Take my watch!
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:icontomkellyart:
TomKellyART Featured By Owner Feb 3, 2017  Professional Digital Artist
you got it and thanks!!!
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