Ok, to all you artist types, I have a question.. this has never happened to me and I'm not really sure what to do. One of my Facebook friends recently told me that he thought he saw one of my art pieces in the newest Star Wars Insider. I really thought he was joking.. sooo anyway, cut to today.. I was taking a flip though the latest issue, just to
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"I think it would be handled as separate cases. The company doesn't have any right to art it didn't purchase, no matter what the content. That said, the art now has value to the artist which in turn makes it more feasible for the IP owner to litigate and get the value back [i.e. get the right to use it]
Technically, you made use of their IP without permission and they, in turn, made use of your art without permission. The best you could hope for would be zero sum. If you argue the art has value, then it makes a case for them to claim that value since it uses their IP. In your place, I would add "Published in Star Wars Insider" to my resume and be done with it."
Hope this helps!
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I asked my group of Lawyer types (A bunch of the chicks in my new game are lawyers, so I thought I'd bring it up to them). The response was that you should mention it to to the folks at fandom_lawyers. They're pretty close to as expert as you can get on this kind of matter.
You might want to try the Comic Book Legal Defense Fund folks too.
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