My Arms, Final

 
Kenneth Mansfield
 
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Kenneth Mansfield
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12 October 2012 10:34
 

In the United States, copyright of artwork remains with the artist, but can be transferred to the commissioner. These sorts of details ought to be worked out beforehand, and if fact there is little incentive once a piece is delivered for an artist to transfer it. "Insist" is probably too strong a word, but I don’t know that I would commission an artist without having the copyright transfer to me.

 
 
Michael F. McCartney
 
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Michael F. McCartney
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12 October 2012 16:35
 

I would have thought (perhaps wrongly) that the copyright on work commissioned & paid for by a client would belong to the client, just at (I think) the rights to patent an invention created by an employee on company time, as part of one’s employment,  belongs to the employer—but then I’m not a lawyer; and in any case, the relevant laws here & in Rumania may not be the same.

Either way, the both the design and the artwork are excellent!

 

Two comments:

 

re: the blazon "Azure an Ash Tree eradicated with three roots transfixed by an Arrow point to sinister Or"—without having seen the emblazonment, I would have assumed that the arrow would transfixed the three roots, rather than the trunk.

 

Since the location of the arrow is in this case symbolically significant—i.e. not merely a matter of artistic license—maybe "Azure an Ash Tree eradicated with three roots, the trunk transfixed by an Arrow point to sinister Or"—

or possibly "Azure an Ash Tree eradicated with three roots and transfixed by an Arrow point to sinister Or."

 

Others may have better suggestions.

 

As to the "brand" on the horse’s shoulder—I rather like it "as is."  At least in California, registration of livestock brands will specify the location of the brand - left side or right, and shoulder, flank or rump.  Your family’s badge is simple & linear, resembling a cattle or horse brand, so this representation seems to be a quite logical & reasonable choice, at least for an American—I don’t know if branding livestock was general in Europe, at least outside of Spain and its colonies, where I suspect the New World practice may have originated.

 

(The same argument would not, of course, apply to a more typically "heraldic" badge of the sort shown in the Canadian example that Ken posted, which doesn’t remotely resemble a livestock brand.)

 
Kenneth Mansfield
 
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Kenneth Mansfield
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12 October 2012 23:54
 

Michael F. McCartney;96115 wrote:

I would have thought (perhaps wrongly) that the copyright on work commissioned & paid for by a client would belong to the client, just at (I think) the rights to patent an invention created by an employee on company time, as part of one’s employment,  belongs to the employer—but then I’m not a lawyer; and in any case, the relevant laws here & in Rumania may not be the same.


"Work for hire" applies to art as well, but that’s regarding an employee/employer relationship where the artist’s work is part of his job (e.g. a graphic designer at an advertising agency). For individual commissioned works of art, the copyright lies with the creator (i.e. the artist).

 
 
Kathy McClurg
 
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Kathy McClurg
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13 October 2012 05:07
 

Because this continually confuses me re digital and "hard copy" emblazons and commissions and I get multiple answers from multiple sources when I ask.  I always ask if I can use the emblazons.  In one case I’ve purchased the copyright, in others I have had the artists agree to me being able to use the emblazons (I keep all relevant correspondence on file because it’s generally e-mail or PMs).

 
eploy
 
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eploy
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14 October 2012 00:40
 

Beautiful arms, a beautiful emblazonment, and a beautiful avatar.  Excellent work all around!

 
Mark Olivo
 
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Mark Olivo
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14 October 2012 01:43
 

I quite agree with the previous posts; a lovely achievement and emblazonment!

Congratulations on completing it!