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Advice on re-using canceled artwork

Hello again A-B,

I think I've managed to get myself into an awkward position and need some advice on how to deal with this.
I ended a fairly big raffle about a month ago where the first prize was a full colored and shaded image, with background and up to 3 characters. I notified the winner and it went fairly well, it would be a mature image of the winner and the winners partner.

Everything went smoothly, but after I had finished the background and started on the characters I got a note from the partner(I had talked with this person and the drawing was agreed to), however they had broken up the day before and no longer wanted the image, but I could finish it an post it if I wanted.

I then noted the winner to ask, but he really did not want the image finished and asked for a new one instead. He offered that I could make the almost finished image into a YCH auction so I didn't loose time from working on it. I did make him a new image in the detail I promised for the 1st prize, but I have not touched the unfinished one after this.

A part of me wants to make this into a YCH auction so I can at least get something back for the time I lost, but at the same time I know both of the original image is watching me and have seen WIP's of it with their characters. I know the partner wouldn't mind, and the winner was the one with the YCH idea, but it just feels really awkward to put it out for offer - so what I need advice on is if I should just go ahead and edit it to a YCH or accept it as lost time and move on?


some additional but not super important info/questions;
The raffle had in total 6 prizes, so the remaking of the 1st one made delays for the rest.

This was my first Raffle and I have never done a YCH so I'm nervous on how it will be received by my watchers

Would this be different if this was a commissioned piece where the commissioner would get a new piece of art instead of a refund?

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Comments

( 12 comments — Leave a comment )
neolucky
Sep. 10th, 2013 06:53 am (UTC)
I think you should have simply gone ahead and finished the image as per agreed to - it is simply not your issue if the client and their SO break up right before the image is finished. I would have declined the YCH, and would have finished the image and be done with them as they seem unreliable.

Since you've already done a new image for them, I'd go ahead and reuse the pose/bg for a YCH auction. I'd re-draw the pose out to be a generic character design, so it's easier for folks to apply their own imagination towards it.
exo_formicidae
Sep. 10th, 2013 07:33 am (UTC)
I'm too soft ;_; But I guess this is why bussiness is bussiness - or else it will make a huge mess in your inbox. Actually the winner changed his mind 4times, but as I had started on a new one I simply said it was started on and that was the idea that would be finished.

I guess I can go with the YCH :/ I'll make them the generic anthro/human, if they get upset (although I higly doubt it, I still worry about it) I have it in writing that they don't mind me using the unfinished piece.

Edit due to poor grammar

Edited at 2013-09-10 08:25 am (UTC)
mazz
Sep. 10th, 2013 05:05 pm (UTC)
They would have no reason to get upset, it's not like the -paid- for the image.
karthegrax
Sep. 10th, 2013 10:12 pm (UTC)
If you are really concerned about watchers leaving for a YCH, you could always make a new account for YCH/auction/adopts only. Or you could simply explain that whilst you don't plan to make YCH a regular thing, you are doing this one because you feel bad about ditching a pic you put so much effort into.

Just remember, the winner screwed you over, not the other way round, so you're not in the wrong, and s/he doesn't own any of the art. I know you don't want to upset people, but it's not fair that you're taken advantage of either.
gatekat
Sep. 10th, 2013 07:47 am (UTC)
You have permission from the person it was for to do the YCH with it. That's more than you really need.
celestinaketzia
Sep. 10th, 2013 10:29 am (UTC)
Going to agree with Neo and Gatekat. Go ahead and do the YCH. You're already being generous enough about doing a whole new image, whom imo, is above and beyond what you have to do. Once they tell you they want a new image, their rights to complain about you reusing the old one is forfeit.
thaily
Sep. 10th, 2013 11:27 am (UTC)
You have permission, if you're still uncomfortable with selling it as a YCH then you can change the species in the sketch. Or sell it via auction starting with a low bid. Since it's an adult piece I'm pretty sure you'll get takers.

If you're worried about the other people waiting, you can postpone the YCH until after they're done.


Edited at 2013-09-10 11:30 am (UTC)
exo_formicidae
Sep. 10th, 2013 12:05 pm (UTC)
well the original species in the image are very unique, so I will change it to a standard one. And maybe :P I haven't really explored that part of the fandom too much (just general disinterest in those bits).

Luckily only have one piece left from the raffle, so will finish that one before I make any changes ^^

The replies have in general made me feel better about this, I know I have the right to do so on paper, but it was more about not wanting to step on anyones feelings
epiceternity
Sep. 10th, 2013 12:41 pm (UTC)
As both commissioners have expressed that they are no longer interested in the image then I don't see a problem. If you're still concerned you can contact the other party member to double check that they are okay with the sketch being used as a YCH piece as well.
(no subject) - fenris_lorsrai - Sep. 10th, 2013 02:18 pm (UTC) - Expand
ryunwoofie
Sep. 10th, 2013 03:37 pm (UTC)
Personally if you had permission or not and decided to re-draw the image for them I see no harm in selling the image they did not want to use. They no longer desired it and they don't technically own it, or could say no. I would just mention it was an image for a client who didn't want it anymore and you were auctioning off the slots. It's still an image you worked hard on. It's not cheating in any way IMHO. I've done this in the past where I have drawn an image and the customer wanted something else, saved the pose, made it generic, saved it for another commission I think it would work with or sold it. It is still hard work weather it's recycled or not.

Also agreeing with Neo on the finishing the first image anyway. Just because someone broke up doesn't mean you should change it, especially if it was free/raffle/etc. If it were a commission I would simply just charge extra for the sketch already done.
tartii
Sep. 11th, 2013 01:48 am (UTC)
Oh boy, I have found myself in this situation a lot. Honestly, because the raffle winner suddenly decided to change their mind, go ahead and work on the other raffle prizes, then go back to the other one.
After all, the complication was on their end, you are not obligated to try and smooth things over for them both. It sounds cruel, but if the other party (the other SO) becomes bothered or upset seeing the image it is on them, not you. You are not responsible. You are simply doing your job.

So yeah, do a YCH. It would be a waste to just toss all that time you spent out the window. :c Plus they already gave you permission to do so, so don't sweat it!
( 12 comments — Leave a comment )

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