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Beware: Adiago

Update: In lieu of many conversations, I am in the process of updating my ToS to be more clear and a bit more lenient. Definitely thanks to those who have voice their opinions on this matter.

A couple days ago while I was livestreaming, I put up a few journals advertising that I would do cheap $5 sketches on stream for people that showed up and asked for them. A friend brought Adiago to the stream and she commissioned me for a piece, said she was happy with it when I finished, then left for bed.

Last night I was aimlessly browsing through Tumblr and found the sketch that I had done for her, edited and colored. I asked to take it down, because I don't really like to see my art other then places I post it for personal reasons, and it was quickly taken down. I thanked the person and went on my way. A quick and simple thing.

I then went to the submission that Adiago had posted up on her Furaffinity account and left a comment.






In the end, all I honestly cared about was if she would take it down from her gallery. It would have been nice if I was asked about it being edited or whatever, but I don't mind enough to make a super big deal about it. I would have rather gotten a message from her saying something like "Hey I edited and colored this, can I post it?" rather then finding the image on Tumblr.






My reason for this article is just to warn people of her, and I honestly would not like anyone else to have to run into something unfortunate like this.



This is her edit


and this is my original image

Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

( 171 comments — Leave a comment )
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heysawbones
Feb. 5th, 2011 01:12 am (UTC)
She... did pay you for it. And credited you. And you didn't make your ToS readily available, or confirm that she understood it before doing the commission. Is she overreacting and being a sassy jerk? Yes, possibly, but what are you going to do?

People who are more experienced in this may disagree with me, but from over here, it looks like you should probably just let it go, and make sure that people understand your ToS before completing work from now on.

mysticglowstik
Feb. 5th, 2011 01:14 am (UTC)
I am going to do just that. I'm going to just be all "yeah w/e" and make a ToS that people have to read through before even asking to commission me to avoid unfortunate situations such as all of this drama.
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(no subject) - mysticglowstik - Feb. 5th, 2011 01:16 am (UTC) - Expand
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(no subject) - mysticglowstik - Feb. 5th, 2011 01:21 am (UTC) - Expand
(no subject) - thaily - Feb. 5th, 2011 07:04 pm (UTC) - Expand
(no subject) - heysawbones - Feb. 5th, 2011 07:38 pm (UTC) - Expand
oceandezignz
Feb. 5th, 2011 01:13 am (UTC)
So she not only recolored it without your permission, she modified it? And is now going 'nyah nyah you dummy now you done it and i'mma post it everywhere BECAUSE I CAN nyah nyah btw ur blocked'? Tactless. I'd never want to do art for them.

I'd approach an FA mod and ask if at all possible it could be removed because unless she paid for the rights to the image as well, she hasn't a foot to stand on. Because you know, there are laws about that too.
mysticglowstik
Feb. 5th, 2011 01:15 am (UTC)
I'm going to talk to a mod for sure. The only thing she bought was the sketch.
hellebore
Feb. 5th, 2011 01:14 am (UTC)
Can I see your ToS?
mysticglowstik
Feb. 5th, 2011 01:16 am (UTC)
It's not a super fo srs legal ToS but its essentially what I'll do an not do and such like that http://www.furaffinity.net/journal/1663312/
grimmhooke
Feb. 5th, 2011 01:15 am (UTC)
I agree with the above to a degree, and while she's not technically in the wrong, what she did is in pretty bad taste. The way she snapped on you is even more telling of her maturity.
connorgoodwolf
Feb. 5th, 2011 01:16 am (UTC)
>Last night I was aimlessly browsing through Tumblr and found the sketch that I had done for her, edited and colored.

When people commission you, are you the owner of the work or are they?

I'm most likely not the only one developing kinks in their stomach from reading your post, not in regards to the Adiago but yourself.

Adiago appears to be a fine commissioner, I believe this post should take this comm-mystiqe
uberangus
Feb. 5th, 2011 01:19 am (UTC)
If I am remembering correctly, under law Adiago does not own rights to the image unless she bought them as well as the services. As she did not obtain any such rights or permission, Adiago is wrong.

Fine commissioner? With the attitude she's taken?
(no subject) - keaalu - Feb. 5th, 2011 01:19 am (UTC) - Expand
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(no subject) - catzero - Feb. 5th, 2011 04:18 am (UTC) - Expand
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dripbat
Feb. 5th, 2011 01:24 am (UTC)
Talk about attitude. I don't get why they feel they need to be so self righteous. While I do think the edit looks nice, the art is of their character but it is not their art. I'd try making a more clear TOS vs a do or don't list for next time and make sure they read it first.

But with all that said, I'm sorry they acted how they did. Simply asking someone to pull an image down should not warrant that kind of attitude.
mysticglowstik
Feb. 5th, 2011 01:26 am (UTC)
I do have a ToS ( http://www.furaffinity.net/journal/1663312/ ) she just wasn't shown it, my fault, I should have made sure. I think this situation coulda... definitely gone a little bit smoother.
(no subject) - dripbat - Feb. 5th, 2011 01:30 am (UTC) - Expand
(no subject) - mysticglowstik - Feb. 5th, 2011 01:31 am (UTC) - Expand
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neolucky
Feb. 5th, 2011 01:26 am (UTC)
To be honest? I think you may be making a huge deal over something very small. Why didn't you just note her privately and explain that you felt uncomfortable with her editing and coloring the image? I would think as long as she credited you, and respected the fact YOU drew it should have been enough. Why can't she repost it anywhere? I think since she purchased it, she should certainly be able to show it off, so long as credit is given.

So where does ownership lie? It is her character, it was a bought image. You did draw it, and you still retain the rights...but she's not making monetary gain from this, nor is she claiming to have drawn it. Reposting commissions is incredibly common on FA.

Frankly, it was of her character correct? What if she wanted it colored and posted as a reference for other commissions? I realize it's irritating not to be told but I don't think you -have- to be. It would have been nice of her, but not necessary. I'm not sure I see what the problem is, and feel that you're stirring up the pot, when you should just let it go.

Her response was no less then immature, of course, but you did go after her publicly, which may have gotten her on the defensive. Tos or not, I don't see the issue. If anything she was proud of what she'd purchased, and possibly wanted to show off and get your name out there - this is how you get more commissions some times!
mysticglowstik
Feb. 5th, 2011 01:29 am (UTC)
I will definitely look to the posting into galleries issue, maybe ill just drop it, because you're very very right. I should have noted to her, but it didn't start off as me trying to stir up anything, so i suppose i didn't find it necessary until it started getting worse. I should have switched to a note.

(no subject) - neolucky - Feb. 5th, 2011 01:33 am (UTC) - Expand
(no subject) - mysticglowstik - Feb. 5th, 2011 01:35 am (UTC) - Expand
(no subject) - spiffystuff - Feb. 5th, 2011 03:17 am (UTC) - Expand
(no subject) - celestinaketzia - Feb. 5th, 2011 03:07 am (UTC) - Expand
hikitsune
Feb. 5th, 2011 01:29 am (UTC)
thanks for the heads up. what a nasty person that commissioner is.
digivolution
Feb. 5th, 2011 01:39 am (UTC)
Everything aside, I agree with the comment above, what a terrible freaking attitude that commissioner has. Her comment pretty much translates to me as "OH NOW I'M GONNA POST IT EVERYWHERE AND YOU CAN'T STOP ME NEENER NEENER" 8/

So let me get this straight, was the person on Tumblr Adiago? When did she put the sketch up on her FA? I guess I'm just confused mostly at her reaction to all of this. Is Minxy a friend or something? Did you give the art to the commissioner or someone else? I guess I'm just confused lol
mysticglowstik
Feb. 5th, 2011 01:41 am (UTC)
The tumblr was of someone completely different that puts up random furry themed artwork and photos and such. She put the sketch up, two days ago or something? I'm not sure. Minxy is a mutual friend. I asked her to pass the drawing on since she wasn't online, I figured it would get to her faster. Probably bad judgement on my part, or I was feeling lazy to note XD; my bad on that issue. That I fully understand.
(no subject) - digivolution - Feb. 5th, 2011 01:59 am (UTC) - Expand
(no subject) - mysticglowstik - Feb. 5th, 2011 02:01 am (UTC) - Expand
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mysticglowstik
Feb. 5th, 2011 01:42 am (UTC)
And that's all I really ask.
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(no subject) - mysticglowstik - Feb. 5th, 2011 01:44 am (UTC) - Expand
(no subject) - celestinaketzia - Feb. 5th, 2011 03:12 am (UTC) - Expand
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mrst4nkr
Feb. 5th, 2011 01:42 am (UTC)
Accused publicly or not, her response was both immature and just plain nasty.

I trust you have figured out how to avoid this in the future, having read the conversations between you and the prior responders. Good luck!
mysticglowstik
Feb. 5th, 2011 01:43 am (UTC)
I've definitely learned from all of this! I will be changing a bunch of things, and with how I do business. Thank you!
dazen_cobalt
Feb. 5th, 2011 01:50 am (UTC)
Now me personally I love it when my art gets posted other places, I mean that helps get your name out and increases the changes of getting more watchers/commissioners. However not everyone is going to like that. so that's more than acceptable.

I think you might of went a little overboard. The only thing she did was horizontally flip the image and splash some colors over it from what I see. Nothing flat out "modifying"

I hope you don't take this as me downplaying things nor am I trying to be disrespectful, but I really just don't see the big deal about it.

still tho her reply was less that stellar
uberangus
Feb. 5th, 2011 01:53 am (UTC)
She didn't flip the whole image, just the head.
That doesn't have much to do with anything, just figured I'd clarify some
(no subject) - dazen_cobalt - Feb. 5th, 2011 01:54 am (UTC) - Expand
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(no subject) - uberangus - Feb. 5th, 2011 01:56 am (UTC) - Expand
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puritikoneko
Feb. 5th, 2011 01:53 am (UTC)
Overall, as a commissioner, I can honestly say that I've never had an artist tell me that they don't want me reposting their art in my personal gallery. However, I've seen artists who operate in that way, and it's not a big deal to me, really.

All-in-all, I think your commissioner has one of the worst, most childish attitudes I've ever seen, regardless of whether or not she's in the right in the matter. If someone asks nicely, there's no reason to fly off the handle like that. >.>

I'm glad you were able to find some areas in your ToS to improve, but I'm very sorry you had to encounter such a nasty person.
mysticglowstik
Feb. 5th, 2011 01:59 am (UTC)
Everyone has different opinions, and its what makes each other who they are, so I value opinions of different people quite definitely, and especially from this article. I've learned a lot to take with me from this whole thing, and on one hand, I'm glad it happened. But I dislike the situation and how it happened.
sovy
Feb. 5th, 2011 01:55 am (UTC)
She doesn't own the image. Unless it is a work-for-hire job or you explicitly give the person reproduction rights then the copyright stays with the artist. In this case it is illegal for the commissioner to even repost the image, unaltered, in their gallery on FA.

Saying that I would totally commission Adiago over Mystiqe. I know there is drama surrounding her but I never had a problem talking with her and commissioning art from her. I am not as concerned about getting the "Take my artwork off your gallery or else..." treatment from her as I would from Mystiqe. This entry is more of an Beware: Mystiqe than Beware: Adiago. =\
uberangus
Feb. 5th, 2011 01:58 am (UTC)
Mystiqe is, if you missed the above comments, in the process of reworking her TOS to remove the 'don't repost' clause.
(no subject) - sovy - Feb. 5th, 2011 02:45 am (UTC) - Expand
(no subject) - oceandezignz - Feb. 5th, 2011 03:11 am (UTC) - Expand
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blot
Feb. 5th, 2011 02:20 am (UTC)
Oh dear. Her. She's kind of known as a drama llama, though she has been quiet for a while. Adiago is also Sevva-Phoenix.

Honestly, I'd just drop it with her. She holds grudges that last YEARS.
mysticglowstik
Feb. 5th, 2011 02:43 am (UTC)
I'll be doing just that. Aside from this article and putting up a better ToS I will do no more with this issue. What's done is done, amirite?
(no subject) - bonegrind - Feb. 5th, 2011 02:48 am (UTC) - Expand
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