I don't think this is covered anywhere, but I have a slight problem/question about when a commissioner reuploads the art on their page. I'm fine with people reuploading, and I provide a resized file for them to use, the same one I use for submitting files to my FA. I also, of course, provide the full size picture. Recently, I finished a picture, and sent off the files. I found out that the commissioner had reuploaded the picture -- which is fine, I skim the reuploads for comments and to make sure I've been referenced in the description somewhere.
Usually, commissioners always use the presized version for their upload, but this particular one did not. I tried asking them politely to use the file I've provided them instead of the original file (FA resized it anyway, but it's still larger than I had intended, and the file that I had sent them). They asked why, I tried to give an explanation, they outright disagreed/refused. I'm trying to be polite, but he wasn't the nicest person throughout the commission process either.
My question here is, shouldn't a commissioner respect the artist's wishes when reuploading a commissioned picture to their own page? I set the size at 800*600 because I felt it was a nice, easy to view size for most screens/devices. His reasoning is that he has a 1080p screen, why should he care about the other people out there with smaller screens/what's the point of having the large file (which is 7200*5400) if he can't share it? It was a YCH auction piece, he's not the only person in the image, and I've tried to tell him that I provide the larger image so that people can use it as a desktop, share personally among friends, print, etc., do whatever privately with, as long as it doesn't provide them profit. I don't know what to do, and I'm just hoping for some advice about reuploading content. What's worked for other people? Am I wrong to say that he needs to use the file I've provided? I've never had this issue before... Oh, and I don't have a ToS right now, it's in progress of being written, but I can't exactly stop taking commissions just cause I don't have one yet ;_; I hadn't had the urge to work on it faster because most people are... quite decent people/commissioners o.o
I have screencaps of the conversation, but I don't want to necessarily use those unless I make an actual beware of the commissioner (his attitude wasn't very polite, but not exceptionally rude. There was no insulting, just nothing... pleasant.)
Thanks in advance!
Usually, commissioners always use the presized version for their upload, but this particular one did not. I tried asking them politely to use the file I've provided them instead of the original file (FA resized it anyway, but it's still larger than I had intended, and the file that I had sent them). They asked why, I tried to give an explanation, they outright disagreed/refused. I'm trying to be polite, but he wasn't the nicest person throughout the commission process either.
My question here is, shouldn't a commissioner respect the artist's wishes when reuploading a commissioned picture to their own page? I set the size at 800*600 because I felt it was a nice, easy to view size for most screens/devices. His reasoning is that he has a 1080p screen, why should he care about the other people out there with smaller screens/what's the point of having the large file (which is 7200*5400) if he can't share it? It was a YCH auction piece, he's not the only person in the image, and I've tried to tell him that I provide the larger image so that people can use it as a desktop, share personally among friends, print, etc., do whatever privately with, as long as it doesn't provide them profit. I don't know what to do, and I'm just hoping for some advice about reuploading content. What's worked for other people? Am I wrong to say that he needs to use the file I've provided? I've never had this issue before... Oh, and I don't have a ToS right now, it's in progress of being written, but I can't exactly stop taking commissions just cause I don't have one yet ;_; I hadn't had the urge to work on it faster because most people are... quite decent people/commissioners o.o
I have screencaps of the conversation, but I don't want to necessarily use those unless I make an actual beware of the commissioner (his attitude wasn't very polite, but not exceptionally rude. There was no insulting, just nothing... pleasant.)
Thanks in advance!
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In the future you always want to have a document that customers read that has that info in it, so if they do break your TOS, you have grounds for a beware or other form of rebuttal.
I'd suggest putting it in your TOS now for future commissions.
Edited at 2013-02-09 02:07 am (UTC)
That said, unless I am completely misunderstanding the situation, you are within your legal right to request that the client remove the large resolution file-- unless you signed over rights to them via contract, you are the copyright holder on the artwork you created, and unauthorized electronic redistribution is still unauthorized electronic redistribution even if they were a client. Would it be rude? I guess it depends on if you gave the client 'instructions' on how you expected them to use the image when you sent them.
Thanks for the advice :)
This does not apply to selling copies of your work that was not commissioned...but commissioned work does become their property even if it was something that you made to their specifications.
In digital art, the artist retains -all rights- and -all distribution-.
With commissions, I post them at a certain size, and send the full size (if I have a larger piece) to the commissioner. I let them decide which one they want to upload. I think it's nice to give them the large file if they want to enjoy it for themselves or share it with others.
But, that's just me. As long as I receive credit, I don't really mind. I think it's flattering that they want to show off all the details of the piece of work they got from you. They clearly don't want to enjoy it just to themselves.
Is the larger version without a signature or a watermark?
Edited at 2013-02-09 05:27 am (UTC)
It's a particularity, but given his attitude towards the simple request, I'm going to stand by my right to it.
The moment people ask for a hi-rez files (and surprisingly few do, surprisingly few have a use for it) it opens a dialogue in which I can ask them not to repost the hi-rez, get them to agree not to before I send it and tell them why not; why would you want to give any third party access to print quality files of your character's drawing? It just opens you up for abuse, like having people print it off and sell it.
In freelance business, which this is, any rights not negotiated beforehand default to the artist. You can DMCA to have the hi-rez images and you should consider it.
Is there any way we could get you to share this guy's name with us so we can avoid him?
My commissioner got very pissy and unreasonable about it, but he was a pissy and unreasonable customer from start to finish so the idea of him not returning for more work wasn't a big concern.
I don't think it would be a good idea to tell a commissioner they cant display something they paid you for, even if you hold the copyright. I will just lead to people being wary to comission you in the future, I know I have stopped commissioning a few artists because of what they do with commissions (one in particular, makes prints and also publishes them as a compilation).
I've seen some images that are actually giant, and you need to break the size limitations to have it visible. Of course, I also see that people who do that are smart and try to optimise the size a lot before uploading.
People still don't care. u.u' nwn! I tend look for a complement to give If i'm watching them. If the comment's are too long I might just fave and wonder away. I might shout some thing about it and how i like the color's or how you draw fluff! Be cause I tend try to make sure not stumble on to a page full of "thank you!"'s
My point is most people don't read.
So make sure It's clear in allot of places that way they can see it.
learning from our mistake is what makes us who and what we are. I wouldn't say beware worthy but a great discussion non the less!
I view a commission as sold rights. A client of a graphic designer would not allow him/her to print the client's design for re-sale, why does a furry artist get to retain the rights on commissioned works? What seems rude to you seems like a reasonable right to me, and what seems like a reasonable request to you seems like you want ownership of the art drawn for someone else.
again, TOS or other forms of agreement can over-rule this, but when I pay for something like the creation of a piece of art (not just a print), I expect the rights to copy it and repost it. between artists who dont post all their commissioned work, and artists removing images from their gallery, commissioners posting the full work they paid for seems natural, especially if they make mention of who actually produced the image.
I may be looking at this from a more legal standpoint, but from an ethical standpoint, I advocate wikicommons-type approach to intellectual property, and all of MY newer art is copyleft: copy what you want.
Edited at 2013-02-19 09:20 am (UTC)
Work-for-hire requires a specific contract, in which the artist gives up rights. Without that contract, an artist retains all distribution and ownership to any art they produce, whether the customer sees it differently or not.