Sugarpill (starcharmer) wrote in artists_beware,
Sugarpill
starcharmer
artists_beware

Character re-sale including additional art for additional costs.

I know this has been discussed in comments several times here, but I can't remember if there was an actual discussion journal about it. [Mods, if there is, please link it to me if you know where? I can't find it!]
In the event there's not, I had a question or two!

I've seen people in this community say that people who re-sell characters with additional art included are in the wrong. If I'm correct in remembering [and it's possible I'm not], this is due to the commissioner not having the right to transfer "ownership" of an image they don't exactly "own" in the first place [unless they've purchased rights] and to charge someone else for the privilege to essentially just repost it is unfair to the buyer. Is it also unfair to the artist?
I see where it could become a problem if the new character owner misused the artwork somehow, but if it's basically only reposting rights being transferred, that's not much of a change from what the agreement was previously...or am I missing something?
[I personally don't think I would mind if someone transferred reposting rights to someone with the sale of a character as long as they weren't charging extra for those rights. The extra charge is the problem, though, correct?]

If I'm getting something wrong, it might invalidate my followup question, but assuming all the above is right...
I recently [and essentially retroactively] added to my ToS that re-sale of my artwork included with a character sale is prohibited. How can I even enforce this?

Today I found that someone I've done art for in the past has sold their character to someone who I have no problem with and who hasn't reposted the work I did of said character. I have no idea if the character was sold for an extra cost to cover extra artwork, I'm just relating the situation that spawned my thoughts and subsequent question.

Hypothetically, if the new character owner did repost my art, what could I do? I would feel bad revoking their rights to repost it if they paid extra for that right, plus their reposting of it doesn't exactly hurt me or my business [in this case, it would actually probably help]. It's not the buyer's fault they got essentially scammed out of extra money.
As far as I know, I can't do anything to the person who sold the character, though, and they're the one I'd be upset with. I could punish the buyer, who wouldn't deserve it, but the person who was actually in the wrong gets extra money with no consequence no matter what I chose to do.

Does your answer change with the information that the original character owner never actually paid me a dime? [Every piece I've done with this character in it was a gift from their (ex?) significant other meaning that they'd be making a complete profit--there's no deficit from paying for the artwork originally, which usually seems to be the defense for people who are in favor of this practice.]

Thanks in advance for any input/opinions!
Tags: advice for artists, discussion
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