April 1st, 2016

Advice needed: Regarding Copyright on an Avatar Site

Hello everyone!

This is my very first time posting here so I'm really sorry if I do something wrong! And if something is confusing, I am sorry; English is not my first language but I am more than glad to go further into details if needed!

I have been doing commissions for a website called Subeta, in which artists can be hired to create clothing for the avatar. These clothing can be then submitted to the website, and, if approved, the users can dress their avatars up with it.
There are also recolors. If the, let's say, dress is red, after it's approved, the commissioner can request other colors of this dress if they wish.

Before you submit the item to the site, it's clearly stated that:

"Anything you submit, including items based on personal characters, becomes property of Agoge, Incorporated."

I recently wondered, however, what happens if I block a user. I filled a ticket to the Staff asking about it; and if they would be allowed to edit my artwork without my consent, considering I blocked them and they can no longer contact me nor ask for recolors.

They told me:

"Hi Sonatine,
This really depends on the exact terms of your commission with the user, and not whether or not they have blocked you or vice versa. If you drew the item for them and from that point on you consider the art completely theirs, they are welcome to submit recolors. If you have a TOS that states you retain the rights to the art, then they cannot distribute recolors done by other artists as they cannot edit the art. It depends on your terms from setting it up. That being said, the terms cannot be changed NOW just because they have been blocked."

It is true that I never really wrote in my TOS that the ownership of the art is mine, but looking through the copyright posts in this community, doesn't the art always belong to the artist if nothing is stated? Also, if they say anything you submit becomes property of Agoge, how will the art even belong to either the commissioner or the artist?

I am really confused by this right now, so any clarification, preferably with proof (like, a law or something, so I can posteriorly prove to Staff that even without the TOS I do own the art, unless I have sold my rights, which isn't the case) would help me a lot.

Thank you so much in advance everyone. :)
tickedoffstitch

Beware: Blaze Redwolf / Angrygoat293

WHO: Blaze Redwolf or Angrygoat293@outlook.com
I am including the email address as this person does not have any online profiles that I can find- I only know them through email.

WHERE: All contact was through email, angrygoat293@outlook.com

WHAT: The customer filed a chargeback after I completed a fursuit concept art for them.

WHEN: January 23rd, 2016 - now.

PROOF:
All correspondence with customer from commission start to finish. [Large Image]
Completed Commission.
The Chargeback.
Customer denying they filed a chargeback.

EXPLAIN: Customer first contacted me January 23rd, 2016 and the commission was paid for the same day.
Commission was completed and sent to the commissioner February 6th, 2016.
They respond February 15th with a simple "thank you", and contact ceased.

About a month later (March 3rd, 2016), I receive a notification from paypal that this customer has filed for a chargeback, saying that "they did not make this purchase".
This is completely out of the blue as I have not heard from them about any problems/dissatisfaction with the commission.
I contact them immediately asking them to cancel the chargeback, and it is not until 2 weeks later, when the chargeback has gone through and their money returned that they finally reply saying "sorry, I did not mean to do a chargeback".
I request again that they return the money to me.

It's been several weeks and I have still not heard from them nor has my money been returned. This puts me back almost $100 as the $20 chargeback fee was tacked ontop of the already $75 cost.

I had gone into paypal and provided screencaps and my side of the story, but paypal sided with the commissioner as "intangible goods/services are not protected by paypal".

As this person does not have a developed online profile to my knowledge, I am not hopeful that any sort of resolution will come of this.

I urge artists and fursuit makers to not work with this individual, and if you see anyone using this concept art, do not work with them. I consider the artwork to be stolen as it was not paid for.
taasla_rockysulivan

Monthly Positive Reviews: April

No, this isn't a joke!

If you've had a great commission experience, either as an artist or a customer, please comment here and spread the word. It doesn't have to be a full-on story, though you're welcome to type one! All we need are a few lines on why this person was so great to work with. You can also recommend companies, such as printers or fursuit-making teams, as long as it's relevant!

There are plenty of reasons to post someone here: perhaps they went above and beyond the call of duty to fix a problem, or were so prompt with communication and payment it was like having them right next to you, or were very professional and courteous every time you contacted them.

To help keep things organized, please follow this simple form:

1. Name of the person you recommend:
2. Link to person's website or art page:
3. Approximate time period of when you did business with this person:
4. Details
(Here's where you tell us why they are so awesome! What made the transaction go so well? Perhaps link to the art or suit you bought/sold if you feel like sharing. Please mark NSFW if the subject matter is adult!!):

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Trades are just as welcome as paid transactions. But try not to post for friends (or yourself) who are looking to be commissioned. If customers are what they/you seek, teenycom, artsales or artcommissions is for them!