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Advice?

I know there was a beware made on this topic not too long ago, but I feel like I'm in a somewhat unique situation and I want some advice before I message the person in question.

Early this year I entered into a multimedia collab (they do music, I do art) with a musician on FA. They completed their half in August - all that's left for me to do is to complete my half.

I logged onto FA today and saw that the person I'm doing the collab with has an ad banner up. They're using an icon they commissioned from me in March in their banner, which is advertising their music commissions, in clear violation of my TOS (which states that commissioned artwork is for personal use only - and I wouldn't consider this personal use). They didn't approach me to ask if they could use my artwork, they didn't let me know before or after it went up, and quite frankly I'm very upset.

My problem is: considering I have this collab to finish with them, I'm not sure how to proceed here. I want to approach them to let them know that they're using my artwork without permission - but I also want to blacklist them from working with me so I don't have to worry about them violating my TOS in the future.

I don't want to work with them again, and I don't want my name to be associated with their work - is it fair to pay them an amount for their work on the collab and cancel it? Or should I just continue with the collab so it can be done, and blacklist/block them afterwards?

Any advice is greatly appreciated!

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Comments

( 5 comments — Leave a comment )
gatekat
Sep. 1st, 2015 12:39 am (UTC)
Given you intend to blacklist them anyway, I'd pay them for what they did, explain the situation and then blacklist/block them as you plan. As for the add, just take it up with FA.

It's not the polite way to go about it, but if you have no desire to have this end without upset on the other side, I wouldn't really worry about polite.

The polite path would be more along the lines of:
Contact them about the icon and why it upsets you, asking to have it removed from the ad. If they do and apologize, or offer to pay for the commercial use, you don't really need to take it any further.

If you still feel the need to blacklist them after that, you can do it quietly by simply declining further work with them. Whether you pay for what they did or keep your end of the deal is something that is more about how you feel rather than what's right IMO.
honeynuggets
Sep. 1st, 2015 12:55 am (UTC)
Thanks for your advice! I guess since I've had trouble with this user in the past, I'm erring on the side of overreacting - but I don't want to upset them right off the bat, so I'll try to be as polite as I can.

I think I'll approach them regarding just the icon, and only cancel/refund the collab if they refuse to take it down or apologise.
teekchan
Sep. 1st, 2015 02:23 am (UTC)
If you've had trouble with them before, I'd pay and cut ties with them. Contact FA staff to have the banner removed. Apparently Tweeting 'Neer will get this done faster than a TT.

Although I have been in a similar situation, and I offered to pay for my half, and the user quoted me an insane price. I had said something along the lines of "I would prefer to pay for what work you did (it was a trade) and call it quits'. I never mentioned that I had seen their price list and they quoted me about $50 over what they actually charged for the artwork. I mentioned their price list and they finally mentioned they were just trying to get money out of me. I doubt it, but keep an eye that this doesnt happen!
honeynuggets
Sep. 1st, 2015 04:23 am (UTC)
Thankfully they were quick to respond and understanding about the ad/icon so no worries there! We're currently discussing commercial rights use - if it does escalate and I have to get 'Neer involved then that's what I'll do, but for now everything's staying civil which is a relief.

I'm still a little hesitant of how to proceed with the collab, but I think that unless something changes I'll just continue work. They haven't got a public price list that I can see so I'll definitely keep that in mind! I'll only be collaborating with close friends from now on.
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