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Beware: Paxerle

I feel like this is a rather unusual beware, but here it is, anyways. All information is under the cut!



WHO: Paxerle @ deviantART

WHERE: http://www.paxerle.deviantart.com

WHAT: Contest Prizes ($8 USD, 1 Chibi, 2 Pixel Icons, 1 Custom Design) - Only the chibi was ever completed and sent to me.

WHEN: Paxerle noted me on June 23, 2015 and requested that I enter her contest. The journal with the information has long since been deleted, as well as the results journal, but I believe I was announced the winner on August 2, 2015, as that's when my note to her about prizes is dated. This is still ongoing.

PROOF: Screenshots will be linked below. As said above, the original journals with the contest information and results have been deleted, so this proof is based off of what has been said in notes and I hope it's sufficient.

EXPLAIN: June 23, 2015: Paxerle contacts me about her contest, the theme of which is to design a character for one of her MYO Sushi Dog Slots. Sushi Dogs are a closed species belonging to another user, which is important because it means she had to have the design approved by the species owner and I can no longer revoke it from her without backlash from the species community. She did pay the species owner for the slot, but, as explained below, she never compensated me, the designer, for the design, which was the original agreement. (I apologize for the confusion of this; I know this is an unorthodox situation that might require additional explanation.)

August 2, 2015: I decided to enter because I had no workload at the time and I liked her art, which was also offered as prizes. On August 2nd, the results were posted and I was announced the winner, but this journal, like the one with the contest information, has been deleted. I also provided her with my email address for the small monetary prize.

August 21, 2015: Paxerle sends me one of the completed art prizes. I'm including this because I believe it shows that she's acknowledging owing me something, and I don't have much evidence of that, unfortunately.

September 10, 2015: I sent a note about the monetary prize because I never received it and, as mentioned in the screenshot, other artists often send payments to me to the wrong email address. (My dA username is Bottled-Rottweiler; my email address has no hyphen.) She claims to have sent it and I let her know that I never received anything. As of this posting, this is the last I ever heard from her. She could have easily responded with a screenshot of the transaction if she actually did send me the money, so I believe she never did and doesn't intend to.

Here, she also acknowledges that I'm the designer of the character to the closed species owner, who approves it. This is why I cannot revoke the design from her; it would be viewed as poor etiquette in the community and I could consequently be banned.

I was hesitant to post this due to the complexity of the situation, but the general idea of this is, I entered Paxerle's contest and designed her a character, under the belief that I would receive art and monetary prizes in exchange. I never received them, so she now owns a design from me that I was, in a sense, not paid for. I hope I'm not overreacting to this, but the idea that she scammed a free design out of me has left a bad taste in my mouth. Additionally, she has paid people for adoptables and completed personal artwork in this time.

EDIT (11/11/25: I want to place emphasis on the fact that this is an issue with an individual artist who failed to compensate me for a character design, not an issue with the closed species community. At the advice of the comments below, I did contact the moderators of the community for assistance, but this is a conflict between two individuals. I have no issues with this community and have always felt welcome there. :)

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Comments

( 16 comments — Leave a comment )
fawkatronic
Nov. 11th, 2015 01:31 am (UTC)
I don't see any reason why you can not revoke the design from her.
Just because she bought the slot doesn't mean your design has to be the one she uses, she can simply create a new design herself and get the new design approved.

I suggestion messaging her saying that if she doesn't finish paying you for the design, you will revoke it from her. And if that gets ignored, message the owner of the species to explain the situation.
pastelpirate
Nov. 11th, 2015 02:43 am (UTC)
Thanks for the advice. The issue is, major changes aren't allowed for designs of this species, per the species owner, after the initial approval is complete. Like I said, the fact that a closed species is involved is what makes this situation so weird.
fawkatronic
Nov. 11th, 2015 02:54 am (UTC)
Even still, I am sure if you contacted the species creator about it and explained the situation, something could be done about it.

That rule seems to be for people changing the designs after having been accepted which could make the design no longer follow the guidelines.

This is not that kind of situation. It wouldn't be changing the design as much as it them having to get a whole new design, which would, of course, have to be given it's own approval.
magedragonfire
Nov. 11th, 2015 02:08 am (UTC)
Here, she also acknowledges that I'm the designer of the character to the closed species owner, who approves it. This is why I cannot revoke the design from her; it would be viewed as poor etiquette in the community and I could consequently be banned.

Even if the revocation is done because she never paid you for the design? That speaks more ill of the community-at-large than anything, personally. Or it's quite possible that an explanation will suit.
fawkatronic
Nov. 11th, 2015 02:44 am (UTC)
The only reason I think the community would be upset is that (I could be wrong) there can only be 1 character of a food created and they might be upset that a food they wanted was taken by this design, forcing them to pick another food, only to have the design for the food they wanted removed, which might make them feel somewhat swindled.

But I feel that even if some people in that community might feel this way, it is no reason to let the person keep the design they didn't pay for, it would be like rewarding bad behavior.
pastelpirate
Nov. 11th, 2015 02:46 am (UTC)
Essentially, once a design for this species is approved, major changes cannot be made to it (without additional costs entailed, at least), so to revoke the character I designed would be like attempting to revoke the slot that she >did< pay the species owner for. It's complicated, so I hope this explains it enough. If not, I can try something more in-depth!
vioskotty
Nov. 11th, 2015 03:15 am (UTC)
Isn't there any way to still perhaps talk with a mod of the group about the situation? At least with what evidence you do have should show something isn't quite right and she should not be able to walk away from this agreement without giving you what is due.
pastelpirate
Nov. 11th, 2015 03:39 am (UTC)
I agree. It's a hectic community, with over four thousand members currently, so I don't know if the mods would consider it an issue for them to handle or for me to deal with on my own. It's worth a shot, though.
kaiiju
Nov. 11th, 2015 06:45 am (UTC)
I think you could definitely bring this up with Witchpaws, or at least another moderator in the community. They have a community blacklist and this user could be put on it if they cheated you out of money/prizes.
pastelpirate
Nov. 11th, 2015 03:34 pm (UTC)
I agree. I believe I will contact them once I've gotten the nerve to do so. The reason I hesitate is because of this comment on the blacklist. http://comments.deviantart.com/1/459777971/3867702143

Based on this, it seems like the moderators aren't able to do anything when something like this happens. But, I guess there's no harm in checking in with them and finding out!
darkunisha
Nov. 11th, 2015 06:08 pm (UTC)
I would honesty try - you might not know what will happen. The fact that she's jipped you out on stuff, they might not be able to control that considering that they are not moderators - it would be different if they were an administrator of a site where they actually have the power to ban accounts or something of that sort which was what I was getting from that comment chain.

They just lack the actual ability to do something about it, but at most they can do is ban the person from the community - revoke the rights of the species so they no longer hold it and she would be blacklisted from making future designs/characters. You'll never know, and I would honestly send the creator a message, share your experience and see what they could do - they'll probably grant you the design back for your use or something on those lines. o:

Edited at 2015-11-11 06:12 pm (UTC)
pastelpirate
Nov. 11th, 2015 06:43 pm (UTC)
Thanks for the advice! I think we've all come to the consensus that my best bet is to tell the mods what happened and see how it goes, even though nothing might come from it. I have serious doubts that the design will be revoked from them, due to the species regulations, but who knows?
celestinaketzia
Nov. 11th, 2015 06:45 pm (UTC)
Regardless of the "species" the original is still your art and you can revoke usage of it. Species can't be copyrighted, but the copyright to the original art belongs to you and you are well within your right to DMCA any copy the person is using on any site they have it posted as you find it.

edit: In addition, regardless of this MYO event there is no legal protection for character designs. You are still within your right to revoke usage.

I'm sure Sableantelope can come in and add more, but MYOs are still selling nothing, so there is zero protection for any of these designs.

Edited at 2015-11-11 06:47 pm (UTC)
pastelpirate
Nov. 11th, 2015 08:34 pm (UTC)
Thanks for this advice! To clarify, this particular species does have an official trademark from the species owner, but the individual designs don't. I don't know how this effects things, but the issue here isn't with the species or the species community; it's the individual. The only reason I mentioned it at all is because the design being an approved member of a closed species makes me unsure of what I can and can't do about this situation.

Also, the MYO slots were paid for. I'm not sure if I misunderstood, but, from your comment, I thought it implied that the slots were free. I apologize if this is incorrect!
celestinaketzia
Nov. 11th, 2015 08:50 pm (UTC)
Having it trademarked allows her to defend the image of the creation if violated by others. That's not your issue. The issue is someone has failed to pay you for services that you've rendered. The art is still yours, and character designs are not protected by anything. You can revoke the design. The person will be out the money they spent to "register" their "character". That's not your problem.
pastelpirate
Nov. 11th, 2015 09:44 pm (UTC)
Thanks, I was unclear on the difference between "copyright" and "trademark" and what exactly each covered. I did note the moderators after I replied to you, to see what can be done. :)
( 16 comments — Leave a comment )

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