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There are artists who takes commission on internet: they create a work based on my request, and I pay them for the work.

If I make a request which involves other intellectual property, would it be considered copyright infringement? (i.e., making derivative work, making profit, or not taking permission from copyright holder) What can I (or the artist) do to prevent such legal issues?

examples of commission:

  • an art of Iron Man (character created by Marvel Comics)
  • an art of a character (such as a Dwarf Cleric) I created for Dungeons and Dragons sessions (TRPG published by Wizards of the Coast)
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Iron Man is a trademark and copyright of Marvel

You can draw as many pictures of Iron Man as you like for personal use. No one (including your online artist) except Marvel or their licensees can sell images of Iron Man.

Dwarfs are mythical creatures, cleric is a term referring to Christian ecclesiasticals

You and your online artist can make whatever representation of these as you like so long as they are not copied or derived from an existing work currently under copyright.

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