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Trade Issues

I did an art trade with a user a while back, everything went a-okay. Both parts are completed. I check FA today and see a 'Prepose' flat rate sale and see something wrong.

It was the trade they did for me.

When I did the trade, they showed me two sketches to pick from, I chose sketch A. The user is now selling off BOTH sketches, including the one I chose, as prepose commissions. They said it was okay because they are not using my character. I told them I felt ripped off, because I expected an original piece, and provided one, and now there will be mass copies made of mine (multiple people can purchase the sketches).

They haven't replied yet, but I'm wondering if it's okay for them to do this because it's a trade, or if I'm right to be upset and feel ripped off?
And if the latter, should I pose a beware?

Community Tags:

Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.


( 48 comments — Leave a comment )
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Dec. 5th, 2013 01:21 am (UTC)
This is an advice post, if you by chance saw a similar post regarding this elsewhere, keep any divulged details out of this post.

Advice posts are for advice, not for outing anybody.
Dec. 5th, 2013 01:21 am (UTC)
you should defs post a beware, i think if they did that, they kind of screwed you over in the trade? either ask for an original piece or just post a beware if they refuse, it's still.. scammish
Dec. 5th, 2013 01:23 am (UTC)
It is not uncommon to reuse poses for work, especially rejected ones, but I will admit this twist to the tale leaves a sour taste in my mouth.

While they think its okay, its honestly disrespecting you yourself and the work you put into the trade.
Dec. 5th, 2013 01:26 am (UTC)
Is it iffy? Yeah.
Is it wrong? I don't think so.

Unless the finished piece was only a sketch level, it's just a pose. You got your finished work, someone else will get their finished work and the two won't share much but a pose. All the work is original to each piece unless the artist is of questionable skill.

You don't get to claim that any art made with pose A is a copy of your commission. It's just a pose. No one owns it.
Dec. 5th, 2013 02:02 am (UTC)
Trading an original creation for an original creation is what was agreed upon.

Now what I received is no longer original. Even if it's not wrong, they have broken the agreed upon terms.
(no subject) - gatekat - Dec. 5th, 2013 02:06 am (UTC) - Expand
(no subject) - teekchan - Dec. 5th, 2013 02:15 am (UTC) - Expand
(no subject) - gatekat - Dec. 5th, 2013 02:19 am (UTC) - Expand
(no subject) - teekchan - Dec. 5th, 2013 02:21 am (UTC) - Expand
(no subject) - gatekat - Dec. 5th, 2013 02:25 am (UTC) - Expand
(no subject) - teekchan - Dec. 5th, 2013 02:35 am (UTC) - Expand
(no subject) - gatekat - Dec. 5th, 2013 02:40 am (UTC) - Expand
(no subject) - teekchan - Dec. 5th, 2013 03:50 am (UTC) - Expand
(Deleted comment)
(no subject) - gatekat - Dec. 6th, 2013 04:10 am (UTC) - Expand
(no subject) - teekchan - Dec. 6th, 2013 05:38 am (UTC) - Expand
(no subject) - gatekat - Dec. 6th, 2013 05:44 am (UTC) - Expand
(no subject) - oceandezignz - Dec. 6th, 2013 05:57 am (UTC) - Expand
(no subject) - gatekat - Dec. 6th, 2013 06:01 am (UTC) - Expand
(no subject) - teekchan - Dec. 6th, 2013 06:50 am (UTC) - Expand
(Deleted comment)
(no subject) - gatekat - Dec. 6th, 2013 01:45 pm (UTC) - Expand
Dec. 5th, 2013 01:28 am (UTC)
Auctioning off the pose you didn't chose would have been fine.
However it is a bit shady to decide to use the pose you did chose as well, especially without giving you prior knowledge they do this.
Dec. 5th, 2013 01:31 am (UTC)
Having actually seen the sketches in question, it should be noted that it isn't the pose itself that was reused. It was the actual base sketch that is being sold.

While its still their legal right to do so, it's rude to follow through without talking to you about it.
(Deleted comment)
Dec. 5th, 2013 01:52 am (UTC)
Beware would definitely be warranted because they're using the exact same sketch, not just the pose.
Dec. 5th, 2013 02:06 am (UTC)
It may be legal to do so but using the exact same sketch is skeevy and I'd be pretty upset if this happened to me too. I think a beware would be warranted.
Dec. 5th, 2013 02:44 am (UTC)
Agreeing with everyone else. Even though it is legal for the to reuse the sketch, it is in poor taste and I as a commissioner, artist, or a trader would want to know about what they did and avoid this person specifically because of their behaviour.

//edit Agreeing with the posting a beware 100%

Edited at 2013-12-05 02:44 am (UTC)
Dec. 5th, 2013 02:51 am (UTC)
Even a finalized sketch it would not be illegal unless they sold the sketch as is - as in no modification - no color changes etc.

An artist work is copyright to them at the end of the day - the character is not, but as I said above with proper changes it isn't copyright infringement (characters are trademark not copyright anyway unless part of a whole).

Just letting you know the ins and outs of this.

Is it something I would do? No. Is it a bit out of sorts... on a moral ground - maybe.

Up to you on whether or not to post a beware however.

Personally - I'd let it go and just don't trade them again. But, that is just me.
Dec. 5th, 2013 03:52 am (UTC)
I never stated it was illegal, I know it's not. I just asked if I was right to be upset, and if I should post a beware. I know the legalities and artists rights perfectly well.

It's still a shitty thing to do, as it was never agreed upon.
(no subject) - stormrunner1981 - Dec. 5th, 2013 05:19 am (UTC) - Expand
Dec. 5th, 2013 04:13 am (UTC)
I would absolutely put in a beware. I would be livid if I were you
Dec. 5th, 2013 04:26 am (UTC)
I really don't think it's wrong.
I mean like I obviously cannot see the pose we're discussing but if it's something really mundane then... no.
But if it was something really unique like, gosh, I dunno... juggling while dancing on one foot or something, then I'd be skeeved.
Dec. 5th, 2013 04:28 am (UTC)
It's not a pose that was just reused, it was the exact sketch.
(no subject) - morti_macabre - Dec. 5th, 2013 04:39 am (UTC) - Expand
(no subject) - teekchan - Dec. 5th, 2013 05:38 am (UTC) - Expand
(no subject) - lovegonnadrown - Dec. 5th, 2013 06:38 am (UTC) - Expand
(no subject) - chronidu - Dec. 5th, 2013 06:24 am (UTC) - Expand
(no subject) - morti_macabre - Dec. 5th, 2013 07:20 am (UTC) - Expand
(no subject) - houndofloki - Dec. 6th, 2013 03:42 am (UTC) - Expand
Dec. 5th, 2013 07:03 am (UTC)
Maybe I'm too laid back to be worthy enough to exist, but.....whoever buys the 'sketch' may have some modifications. Even if the artist isn't going to allow such, still. Things can change and have a completely different *feel* each time they're redone. And even if it doesn't, meh. If this had happened to me, I'd tell them it's fine, but just warn me next time, and we can do a trade where we're each other's practice for a pose we want sell off....make it a thing even. Yet tell them to warn people if they do it with anyone else before hand because it is something that people may get their panties in a twist about. I don't think it's really severe enough to post a beware, but again, I'm a loaf.
Dec. 5th, 2013 12:09 pm (UTC)
I would not want to trade with someone if they then tried to milk the base sketch of the drawing they did for me, for all it's worth.
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( 48 comments — Leave a comment )


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