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Artists Beware: Skippy-Adopts

It was rejected first cause it was too early, but since she blocked me after trying to solve it, I think it's fair to post it now.

WHO: Skippy-Adopts

WHERE: Skippy-Adopts on DeviantART not sure about other accounts.

WHAT: An adoptable I bought, then was taken back forcefully without notifying me at all.

WHEN: May 11th 2013

PROOF: On May 11th-12th I saw a cute adoptable (screenshots in case of deleted.) on DeviantArt and decided to autobuy it. The paid for transaction for points was too far back in my transactions however it still shows it in her donation pool on her page.

EXPLAIN: On May 12th I autobought an adoptable from Skippy-Adopts as stated above. Today I posted I'm re-homing my characters because they no longer get the love they used to get. So I wanted them to have better attention and posted a journal that they're for sale/trade for other stuff. I've had this character since a while so it comes with a bunch of art but even so after a while it didn't get the attention it used to get anymore.

So couple days ago I got notified that Skippy re-sold the design I bought from her without my permission or notifying me at all. (screenshot because she removed it) So basically it was stolen from me as well as all the art, did a few tiny changes to the design and that's it. I left a comment on it that it was harsh and just unfair to claim it back, because I care for characters and getting their deserved love. But this is just rude and I felt betrayed. I notified the person who bought that re-sold design that they will have to deal with a twin one. They said they're fine with that, I told them I'm not sure if I ever find a new owner for her if the new owner would be alright with that. I didn't mind on my part but the art would not be related to it.

I commented that it wasn't fair on the re-sold submission, days later Philo commented she wanted her points back when I told her the situation whereby I commented again "the only way to solve it was to refund her the points and delete the re-sold adoptable." Apparently she went for the way so I couldn't reply to her by blocking me after removing.
Now that I'm re-posting this as of today, she deleted the image and has blocked me so I couldn't contact back at all. I wish she handled this maturely and apologized for stealing back the character, but instead she took the attitude way out to block me.

Please beware of this person if you adopt(ed) something, who knows who will be next with getting their character stolen back without knowing, just because you want to give it a better home.

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Comments

( 53 comments — Leave a comment )
stormrunner1981
May. 5th, 2014 05:20 pm (UTC)
Note: This may seem a bit blunt, and I apologize if it does.


Unfortunately in a situation like this, copyright (the art itself - her art) overwrites the fact you "own" the character.

Unless you own a trademark on the character or have it in a mass work (like a webcomic) you cannot claim copyright or ownership of the original art she did. Meaning she can do what she wants unless she is using art by other people that you bought to resell it.

Reselling, as you say with new markings etc., which though a bit unethical is still legal. It is her artwork after all.

Trademark is not easy to get, especially on a generic say snow leopard anthro that is all white (my character). Mostly because it is just that a character that is just as it is. Mickey Mouse is Trademarked due to style and being a company mascot - and I believe Disney trademarks a lot of their characters. Pikachu is the same with Nintendo (though all pokemon are copyrighted under mass work - and a handful are trademarked).

Copyright however, is immediate once you put a completed work to paper/digital format. This goes back to the "her artwork" thing.

As for you reselling the character, most adoptable artist have TOS against that, so you may want to look into that. As for reselling the artwork, unless it is traditional unique piece, there are laws about selling that on.digitally.

This is a issue that is on a slippery slope.

Is it ethical to resell artwork of a character - probably not, if some markings are changed it become less an ethical issue and more a slide.

Is it ethical to sell a character you bought? Iffy, but as I said the artist copyright on their art overwrites your sale. Even if it seems wrong.

Now, is it unprofessional for her to not respond to you, then block you without explaining this - yes.

But.

I assume this was all in public right? You also could have PMed her about it.

I'm going with not siding either way on this.
xeshaire
May. 5th, 2014 05:32 pm (UTC)
She didn't have any ToS, she replied on my journal before saying "You're selling the character you bought a while ago?" Whereby I said yes depending on the offer, I accepted other designs or art as well so it's not even sure yet. So I explained on why, to give a better home to just get a reply "I guess." so she didn't say it wasn't allowed to re-sell.

As I have seen on most posts here, when someone sells you a design it's your and they can't just take it back.
(no subject) - stormrunner1981 - May. 5th, 2014 07:04 pm (UTC) - Expand
(no subject) - xeshaire - May. 6th, 2014 01:22 am (UTC) - Expand
(no subject) - sableantelope - May. 6th, 2014 02:25 am (UTC) - Expand
(no subject) - teekchan - May. 6th, 2014 01:30 pm (UTC) - Expand
(no subject) - staple_gunner - May. 6th, 2014 11:04 pm (UTC) - Expand
(no subject) - teekchan - May. 8th, 2014 12:29 am (UTC) - Expand
(no subject) - staple_gunner - May. 8th, 2014 03:34 am (UTC) - Expand
(no subject) - teekchan - May. 8th, 2014 03:47 am (UTC) - Expand
absturz
May. 5th, 2014 05:36 pm (UTC)
I don't agree with this.

The character design was sold, and unless otherwise specified, the rights to the design/character transfer over to the person who bought it, at least that is what this transaction was about.
The artist might still hold all the rights to their artwork (again, unless specified otherwise), but the character design is gone and re-selling it is simply put bad buisness and laziness on behalf of the artist.

Although I think the two characters are diverse enough because one seems to be fluffy, stylized kitten and the other seems to be a racoon or something of the sort.
(no subject) - xeshaire - May. 5th, 2014 05:40 pm (UTC) - Expand
(no subject) - stormrunner1981 - May. 5th, 2014 07:05 pm (UTC) - Expand
(no subject) - houndofloki - May. 6th, 2014 12:35 am (UTC) - Expand
(no subject) - sableantelope - May. 6th, 2014 02:41 am (UTC) - Expand
(no subject) - xeshaire - May. 6th, 2014 02:44 am (UTC) - Expand
(no subject) - xeshaire - May. 6th, 2014 02:47 am (UTC) - Expand
(no subject) - philstock2000 - May. 6th, 2014 02:46 am (UTC) - Expand
(no subject) - kayla_la - May. 6th, 2014 02:51 am (UTC) - Expand
(no subject) - philstock2000 - May. 6th, 2014 02:57 am (UTC) - Expand
(no subject) - sableantelope - May. 6th, 2014 03:40 am (UTC) - Expand
(no subject) - kayla_la - May. 6th, 2014 04:00 am (UTC) - Expand
(no subject) - staple_gunner - May. 6th, 2014 06:20 am (UTC) - Expand
thaily
May. 5th, 2014 05:57 pm (UTC)
I'm gonna side with Xeshaire, Skippy-Adopts didn't have a TOS that forbade her from reselling the design. And frankly? The whole artists-retains-rights thing is a moot point here.
Skippy-Adopts uses lineart from OTHER people, the design is literally the only creative input they contribute and THAT is the part you're selling when you sell an adopt.
Unless she had a TOS forbidding reselling/trading the design, she has no right to just take it back on a whim, without a refund either.

Skippy-Adopts should have offered a refund if they wanted the design back for any reason, since the OP was offering to sell it. They missed the obvious glaring chance at a civil, amicable resolution.

If I need to buy an adopt, I know where I won't be buying one.

Edit: Look, Skippy-Adopts resold the design for 50 DA points. That's 63 dollar cents. All this fuss over 63 cents. http://charfade.deviantart.com/art/DeviantArt-Point-Calculator-252802121

Edited at 2014-05-05 06:35 pm (UTC)
oceandezignz
May. 5th, 2014 06:41 pm (UTC)
While I do have my own feelings regarding the DA Points system, lets not split hairs on the price of the item(s) in question. Please.
(no subject) - thaily - May. 5th, 2014 06:53 pm (UTC) - Expand
(no subject) - xeshaire - May. 6th, 2014 01:23 am (UTC) - Expand
(no subject) - staple_gunner - May. 6th, 2014 06:41 am (UTC) - Expand
(no subject) - Jennifer Janietz - May. 6th, 2014 07:59 pm (UTC) - Expand
philstock2000
May. 6th, 2014 02:55 am (UTC)
I really hope this post goes through and no one adopts from Skippy ever again. What she did was uncalled for.

To Xesh:

Very nice way to show your own maturity level by blocking me when I refused to give up the character that I bought. They may be similar but they're not the exact same. You complained about Skippy blocking you without giving you a chance to explain but then you turn around and do that very thing to me.

Since I am not getting a refund and don't want to give up the character I feel I shouldnt have to. I bought a design that is similar to yours without knowledge that it was "yours".

What goes on between you and Skippy is none of my business. Reguading your earlier comment that "I hope I'm proud of a stolen character." I am not proud of anything that happened. I just simply do not feel I should have to give up something I bought due to someone else's actions.

You could have acted a little more mature when dealing with me instead of acting all high and mighty.
xeshaire
May. 6th, 2014 03:02 am (UTC)
I told you you can keep the character and I blocked you because I didn't want to deal further with the stuff, drama is attached to it so I didn't want to deal with it further.
(no subject) - philstock2000 - May. 6th, 2014 03:19 am (UTC) - Expand
girlomega
May. 6th, 2014 03:34 am (UTC)
Could you explain this a little bit better? It sounds like (correct me if I'm wrong) you bought the changed adoptable and Xesh didn't want you to have it because of this taking back adoptables situation?

Just trying to figure out your comment since it kind of reads like I'm dropping into someone else's conversation and not knowing what's going on.
(no subject) - tylociraptor - May. 6th, 2014 03:38 am (UTC) - Expand
(no subject) - Jennifer Janietz - May. 6th, 2014 06:49 pm (UTC) - Expand
(no subject) - Jennifer Janietz - May. 6th, 2014 06:45 pm (UTC) - Expand
(no subject) - girlomega - May. 6th, 2014 08:42 pm (UTC) - Expand
(no subject) - Jennifer Janietz - May. 6th, 2014 08:46 pm (UTC) - Expand
(no subject) - girlomega - May. 6th, 2014 10:11 pm (UTC) - Expand
Just a little mod note. - arphalia - May. 6th, 2014 10:56 pm (UTC) - Expand
thaily
May. 6th, 2014 07:51 am (UTC)
Since I am not getting a refund and don't want to give up the character I feel I shouldnt have to. I bought a design that is similar to yours without knowledge that it was "yours".

Really? The blame here lies with skippy-adopts for sure, but there -are- two comments above the one where you indicate you want to buy it, stating that the design was disputed: http://i.imgur.com/IU1JQde.png
(no subject) - pidgeypuns - May. 6th, 2014 08:26 am (UTC) - Expand
(no subject) - thaily - May. 6th, 2014 08:42 am (UTC) - Expand
(no subject) - Jennifer Janietz - May. 6th, 2014 06:46 pm (UTC) - Expand
staple_gunner
May. 6th, 2014 06:39 am (UTC)
boy am i glad im giving up adoptables (buying, anyways) because when things like this happen i just get hella paranoid.

its bad enough with peoples toses that forbid reselling when theres nothing legally binding about adoptables and designs in general, and ive SEEN people take back adoptables unfairly even if they break that not legally binding tos (most of the time its that they need money for important things how dare they) but this is really bad business holy jeez. could've been handled waaaay better. i hope they learn from this!!
Jennifer Janietz
May. 6th, 2014 06:48 pm (UTC)
So far I had no problems with buying adopts except for here.
I don't mind when people re-sell adopts from me but they should at least let me know the new owner so I can change the info on the adopt sheet.

Nothing can be changed at the moment but I just hope people don't fall for the same thing. >.
(no subject) - staple_gunner - May. 6th, 2014 11:07 pm (UTC) - Expand
sapphistscot
May. 6th, 2014 08:28 am (UTC)
And this is why I never buy adoptables. (or characters for that matter) The ownership issue is a massive grey area.
laughsatthunder
May. 6th, 2014 07:31 pm (UTC)
I'm siding with Stormrunner on this one. Sorry.

deviantART isn't a very trustworthy site from my perspective, especially since most of the furry community on there is 13-years-old and don't understand how certain things go. FurAffinity is a different story, since the community is mostly 18+ and actual transactions occur, but because you paid with a "fake" currency (deviantpoints?) there isn't much that can really be done.
Jennifer Janietz
May. 6th, 2014 08:00 pm (UTC)
That's true yes, but at the moment I don't mind which side because my point of this AB was to make others aware of this behaviour so it doesn't happen again to other people. (Personally I never had any adoptable issues so far with buying/selling wise except with this person. )
(no subject) - laughsatthunder - May. 6th, 2014 08:04 pm (UTC) - Expand
(no subject) - Jennifer Janietz - May. 6th, 2014 08:13 pm (UTC) - Expand
negawolfie
May. 27th, 2014 11:07 am (UTC)
I'm not sure if you knew this yet and I know this A_B is like 1-2 weeks old but the design is the same as this http://www.furaffinity.net/view/8372413

Seeing how it was made 2 years ago. Also the person who bought the design from Skippy is all saying that it's stolen, failing to realize the date. I hope this shines light to this and I am so sorry you have to deal with this whole thing. An adopt shouldn't have caused this much trouble :c
( 53 comments — Leave a comment )

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