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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
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Black Legionnaire by Tom Kelly by TomKellyART Black Legionnaire by Tom Kelly :icontomkellyart:TomKellyART 44 0 Bulveye the Berserker by Tom Kelly by TomKellyART Bulveye the Berserker by Tom Kelly :icontomkellyart:TomKellyART 61 2 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 14 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 robo promo 2018 by Tom Kelly by TomKellyART robo promo 2018 by Tom Kelly :icontomkellyart:TomKellyART 11 2 Gollum Greed by Tom Kelly by TomKellyART Gollum Greed by Tom Kelly :icontomkellyart:TomKellyART 25 2 Kharn The Betrayer by Tom Kelly by TomKellyART Kharn The Betrayer by Tom Kelly :icontomkellyart:TomKellyART 57 14 Black Panther Gold by Tom Kelly by TomKellyART Black Panther Gold by Tom Kelly :icontomkellyart:TomKellyART 20 6 Deckard B2.63.54 Blade Runner by Tom Kelly by TomKellyART Deckard B2.63.54 Blade Runner by Tom Kelly :icontomkellyart:TomKellyART 21 0 Elvis The king By Tom Kelly by TomKellyART Elvis The king By Tom Kelly :icontomkellyart:TomKellyART 49 12 Blood Red Dawn By Tom Kelly by TomKellyART Blood Red Dawn By Tom Kelly :icontomkellyart:TomKellyART 200 27 Beast Wreck Part9 Harpy By Tom Kelly by TomKellyART Beast Wreck Part9 Harpy By Tom Kelly :icontomkellyart:TomKellyART 8 0

Random Favourites

Epidemic R-R by NanoMortis Epidemic R-R :iconnanomortis:NanoMortis 3,543 139 Zom-B's by KWESTONE Zom-B's :iconkwestone:KWESTONE 129 4 Judge Judy... Jetson by KWESTONE Judge Judy... Jetson :iconkwestone:KWESTONE 100 7 SINESTRO Spits Fear by KWESTONE SINESTRO Spits Fear :iconkwestone:KWESTONE 119 11 -- Cymurai 09 -- by yvanquinet -- Cymurai 09 -- :iconyvanquinet:yvanquinet 3,506 135 Invader Zim by jameszapata Invader Zim :iconjameszapata:jameszapata 796 29 man in nike by Alexey-Konev man in nike :iconalexey-konev:Alexey-Konev 136 9 Messenger, Concept art by MikeAzevedo Messenger, Concept art :iconmikeazevedo:MikeAzevedo 873 34 Assault STOCK II by PhelanDavion Assault STOCK II :iconphelandavion:PhelanDavion 466 68 Lair of the Wyrm by Belibr Lair of the Wyrm :iconbelibr:Belibr 814 50 Wolfman! by niknova Wolfman! :iconniknova:niknova 75 14 Spider Queen by Maza-aka-Maza Spider Queen :iconmaza-aka-maza:Maza-aka-Maza 21 2 Angel of Death by R-Valle Angel of Death :iconr-valle:R-Valle 971 58 samurai werewolf poster by strongstuff samurai werewolf poster :iconstrongstuff:strongstuff 905 55 halloween addict logo by strongstuff halloween addict logo :iconstrongstuff:strongstuff 245 19 robot earth 3009 t-shirt by strongstuff robot earth 3009 t-shirt :iconstrongstuff:strongstuff 418 21

see me at C2E2 2018! Table M8!!!!

Journal Entry: Tue Apr 3, 2018, 10:51 AM
Just a reminder I'll be at C2E2 in Artist alley over at table M8 this year.  C2E2 is a super cool comic con here in Chicago taking place on April 6th-8th and I will be in artist alley again this year ,so if your in the area or are going to be at the show please stop by my table and say Hi to me!.  I'll  have a whole bunch of stuff,new and exclusive prints,original art plus a much more.


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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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: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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