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Advice about an adoptable.

Hello AB,

I posted awhile back about a M.I.A person who had bought an adopt from me years ago. Previous post can be found here: http://artists-beware.livejournal.com/661924.html
I've tried making contact with him several times expressing my interest in buying back the adopt. I've left shouts ect and still nothing.

I've been told by a few friends some advice and was wanting to know what everyone on Ab thought of this. I'm iffy on it my self and wanted to run it by. They are suggesting I "take back" the adopt in question for use for my self, an OC again of mine, and then when Blackfox777999 comes back with a proper way to pay him for it, pay him then.

I of course am straddling this one. While I am a person who prefers to always pay up front for things, items, ect. I honestly don't know what would be appropriate in this situation. I don't know If he'll ever come back in contact with me or come back on FA, but in the same sense, I feel he is justified the money and I am willing to pay for it back at any time, since he offered it back to me in January.

What do you think the best course of action on this would be? Leave the matter be and wait for his return? Or take the adoptable back into my possession and pay him when he returns?

Thank you for the advice!

EDIT: Thanks to everyone who commented! I will definitely be waiting for him to respond back to me on the matter! 
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Comments

( 16 comments — Leave a comment )
shukivengeance
May. 31st, 2013 06:03 pm (UTC)
My personal stance from an ethical point of view is that you have absolutely no right to just "take it back" before payment. It was a design you chose to sell, it belongs to someone else now and him having gone missing does not change his ownership and I'd very much side-eye someone who felt they were within their rights to nab something just because the person hasn't been around. For all you know, he may have sold it to someone else before you even contacted him, or may want to keep it when he returns. What then?

Legally, adoptable designs don't seem to have any inherent copyright protection so theoretically anyone could just take it, but character theft tends to be looked on rather poorly in the artistic communities.

Edited at 2013-05-31 06:04 pm (UTC)
whoop_zi
May. 31st, 2013 06:39 pm (UTC)
^mte
tealmoonxiv
May. 31st, 2013 07:45 pm (UTC)
This.
alaitallon
May. 31st, 2013 09:28 pm (UTC)
Was pretty much going to post exactly this. I know I, for example, have purchased many adoptables, and while it might not seem like I'm "actually using them," just because I haven't posted anything online with them doesn't mean I'm not doing anything. I do a lot of art/writing that never sees the light of day, much less end up online. The thought of someone deciding just to "take it back" even though I paid real money for it would make me livid. Doesn't matter that you can't get in touch with him. It's still his until he says otherwise.

venatorrooc
May. 31st, 2013 10:34 pm (UTC)
Agreeing with this comment as well.
0acorn0
May. 31st, 2013 11:06 pm (UTC)
This. I would be more than furious, especially since I'm someone in a position of not being on FA currently. I would be beyond angry if someone took back a character that I use and draw often just because of inactivity.
ritsukaao
May. 31st, 2013 11:15 pm (UTC)
Yeah, going with what is written here. I would be more than just peeved about someone just taking back something I paid for just because I considered selling it back. The person might actually be too timid to say so but they might have changed their mind about selling the character back.

I don't think this is a good idea at all to just take back a rightfully paid for adoptable just because they were CONSIDERING selling it back. Even if there was a deal in place, unless the money exchanged hands, you still can't take it back.
ansitru
Jun. 1st, 2013 12:22 am (UTC)
Pretty much this. It's extremely bad form to sell something and then just take it back, assuming you can pay the person later because of course "they'll agree with it".

OP: You're realizing now that you liked a design that you sold? Tough luck, suck it up and make a new one, because if you really liked it, you shouldn't have sold it in the first place.
chronidu
Jun. 1st, 2013 05:59 am (UTC)
Just another person chiming in to say, all of this.

You sold it, you have no entitlement to it, it's not yours.

Best of luck with getting a hold of them.
thecreativepen
May. 31st, 2013 06:39 pm (UTC)
Agree with Shuki. He may have said he'd sell it back, but the transaction was never completed, nor have you had any further discussion about the matter. Taking it back would be shady, because you completed a monetary transaction with him before for it. It's still his, so I would recommend you wait.
houndofloki
May. 31st, 2013 06:52 pm (UTC)
Agreeing with the others. He said he would sell it back to you - but until the details of the transaction have been hashed out and money has changed hands, the design is his. You sold it. You don't have any right to just take it back because you've decided you still want it - that'd be comparable to a buyer hitting you with a chargeback after the art is completed just because they've decided they don't want it now.

I would just wait until he returns. From looking at his page it appears he's having money problems, so he may have just had his internet cut off or something.
breakspire
May. 31st, 2013 07:40 pm (UTC)
I think if you did "take it back" you'd be setting up a bad image for yourself and how you conduct your business. anyone interested in adoptables might be hesitant to buy one from you for fear that you'd do this to them
ellonwye
May. 31st, 2013 08:13 pm (UTC)
As someone who buys adoptables sometimes, I would be absolutely mortified if an artist did this and thought it was okay. I bought adoptables on the understanding that it's then mine. I don't mean that I've bought the rights to the image completely, but I would never buy an adopt knowing that the artist could then decide that they want it back and I can't do anything about that.

I'm not paying to loan a character, I'm paying to own it. What would I do with the art I'd later commissioned of this character? Does the artist then decide that's theirs too now?

I've bought adoptables from deviantArt because I liked them and use them personally, even though I don't use deviantArt as a site and don't post art of some of the characters I've bought. My activity on dA is basically nil, but that doesn't mean I don't want the adopts I bought.

Seriously, don't take 'em back. It's super shady and will ruin the adopt scene if artists think this is an okay thing to do.
kerstin_orion
May. 31st, 2013 09:27 pm (UTC)
Is there something in particular about this character that makes it so unique that you couldn't just make a similar one? (With a few changes to make it obvious they're not the same, of course.)

I agree with the folks above that it is inappropriate to take the character, despite your intention to pay when the current owner gets back in contact. However, I don't see a problem with making a new one that is slightly different, considering the extended period of no contact from this person.
lichdog
Jun. 4th, 2013 09:43 pm (UTC)
That's what I was thinking about too.

Why not just make a similar character?
ljmydayaway
May. 31st, 2013 09:41 pm (UTC)
The only mostly-ethical action I think you could take (this is assuming he remains out of contact), would be to do a redesign of the character and mention that it's based on that design.

I've seen a lot of people sell the old design on a character, but it's usually after they post the redesign. :/

So.. it's still kind of on the fence.

( 16 comments — Leave a comment )

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