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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 11 Years
13 Month Core Membership
Statistics 1,822 Deviations 11,050 Comments 153,219 Pageviews

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Black Panther Gold by Tom Kelly by TomKellyART Black Panther Gold by Tom Kelly :icontomkellyart:TomKellyART 11 4 Deckard B2.63.54 Blade Runner by Tom Kelly by TomKellyART Deckard B2.63.54 Blade Runner by Tom Kelly :icontomkellyart:TomKellyART 17 0 Elvis The king By Tom Kelly by TomKellyART Elvis The king By Tom Kelly :icontomkellyart:TomKellyART 47 12 Blood Red Dawn By Tom Kelly by TomKellyART Blood Red Dawn By Tom Kelly :icontomkellyart:TomKellyART 187 19 Beast Wreck Part9 Harpy By Tom Kelly by TomKellyART Beast Wreck Part9 Harpy By Tom Kelly :icontomkellyart:TomKellyART 8 0 Eddie Time Trooper by Tom Kelly by TomKellyART Eddie Time Trooper by Tom Kelly :icontomkellyart:TomKellyART 11 0 Wizard Shape by Tom Kelly by TomKellyART Wizard Shape by Tom Kelly :icontomkellyart:TomKellyART 9 0 Rikki Tikki Tavi by Tom Kelly by TomKellyART Rikki Tikki Tavi by Tom Kelly :icontomkellyart:TomKellyART 41 6 Pitt Unchained by Tom Kelly by TomKellyART Pitt Unchained by Tom Kelly :icontomkellyart:TomKellyART 21 6 Darth Holiday Remix by Tom kelly by TomKellyART Darth Holiday Remix by Tom kelly :icontomkellyart:TomKellyART 7 0 Holiday Remix 2017 by Tom Kelly by TomKellyART Holiday Remix 2017 by Tom Kelly :icontomkellyart:TomKellyART 4 0 Black Leader by Tom Kelly by TomKellyART Black Leader by Tom Kelly :icontomkellyart:TomKellyART 88 12 The Leader: Gamma Equation by Tom Kelly by TomKellyART The Leader: Gamma Equation by Tom Kelly :icontomkellyart:TomKellyART 53 9 Wasp by Tom Kelly by TomKellyART Wasp by Tom Kelly :icontomkellyart:TomKellyART 63 2 Hellboy Scarlet Door By Tom Kelly by TomKellyART Hellboy Scarlet Door By Tom Kelly :icontomkellyart:TomKellyART 106 4 Manji bloody Manji By Tom Kelly by TomKellyART Manji bloody Manji By Tom Kelly :icontomkellyart:TomKellyART 281 15

Random Favourites

Wolverine! by popmhan Wolverine! :iconpopmhan:popmhan 167 28 Matterhorn Volcano? by SimonePomata Matterhorn Volcano? :iconsimonepomata:SimonePomata 449 31 Bat Fam by EricGuzman Bat Fam :iconericguzman:EricGuzman 1,820 136 Trap Jaw by EricGuzman Trap Jaw :iconericguzman:EricGuzman 358 73 Marvelous Girl by EricGuzman Marvelous Girl :iconericguzman:EricGuzman 709 41 Spider-Man: Webhead 2.0 entry by Ventimiglia Spider-Man: Webhead 2.0 entry :iconventimiglia:Ventimiglia 438 42 Gargoyle Statue by nixie04 Gargoyle Statue :iconnixie04:nixie04 940 257 Comikaze 2012 Poster by PaulRomanMartinez Comikaze 2012 Poster :iconpaulromanmartinez:PaulRomanMartinez 74 3 star wars - dead star dragon by shorelle star wars - dead star dragon :iconshorelle:shorelle 353 53 Nazha VS Sea Dragon by Artgerm Nazha VS Sea Dragon :iconartgerm:Artgerm 6,524 239 Attack on Titans by nerdiesid Attack on Titans :iconnerdiesid:nerdiesid 4,048 205 FanExpo Wolverine by AndrewKwan FanExpo Wolverine :iconandrewkwan:AndrewKwan 11 0 7th Sword Cover 1 by Andrew-Robinson 7th Sword Cover 1 :iconandrew-robinson:Andrew-Robinson 438 17 Barbarian Chick by maciejkuciara Barbarian Chick :iconmaciejkuciara:maciejkuciara 5,562 188 3D Crystal Dragon by atriend 3D Crystal Dragon :iconatriend:atriend 20 2 No Guts No Glory - Zbrush Zombie by Shapula No Guts No Glory - Zbrush Zombie :iconshapula:Shapula 49 14

Hey Happy Ne w Year!

Journal Entry: Thu Jan 18, 2018, 12:27 PM
Hey folks I have been out of action since December just dealing with a health issue but I'm back now and I look forward to having a great 2018 and I hope you do too!!!!!!!

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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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: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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: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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