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WHO: xhyra/ adurrgtables

WHAT: an egg adoptable that I also drew the larger version of.

WHEN: Was purchased from me several years. Today he posted it to resell it without permission.

PROOF:
Him selling it without permission: http://www.furaffinity.net/view/22519095/
My original submission: http://www.furaffinity.net/view/13741056/
Me asking him not to resell, which he promptly hid: http://sta.sh/0uv18sjgu24

EXPLAIN:
This was an egg adoptable that he purchased from me a few years back. I have always had the full that my Adoptable's cannot be resold for money. Only given away as a gift to someone or back to me if you no longer feel a connection to it. The adoptable was put up for resale today without my consent. I politely asked him not to resell it and the comment was hidden by him.
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

kattotang
Feb. 6th, 2017 01:27 am (UTC)
Where do you say that your adoptables cannot be resold? I mean, in your "Character Design Commissions" and "Blind Character Design Commissions", you state "The designs cannot be resold!", but that only makes it clear that *those specific designs* are not to be resold, not necessarily *any* design you create. To avoid confusion, it should state in your adoptable's description that it cannot be resold.

This is just some advice for future reference; having said that, this person obviously just doesn't care about your rules, seeing as they just keep hiding your comments and ignoring you. That makes me doubt it was any misunderstanding on their part, seems they just think they should be able to do whatever they want.
ulariogryphon
Feb. 6th, 2017 01:33 am (UTC)
Ah! Sorry! I should have put that in the original post. My adoptable rules are here: http://ulario.deviantart.com/journal/Egg-Adoptables-Character-Design-FAQ-220169361

Which I do post a link to with my auctions and egg adoptable rounds.
spartanwerewolf
Feb. 6th, 2017 06:56 am (UTC)
FYI, the last section of your TOS is completely unenforceable. If someone draws out this character on their own and sells prints of it, there's nothing you can do- the design is not legally protected, only the original piece of art.

You cannot tell someone that they cannot make prints of their own art, no matter who originally designed the character. Designs have no legal protection, only trademarked characters do. Unless you're trademarking every design you do, you're SOL.
ulariogryphon
Feb. 6th, 2017 07:06 am (UTC)
Okay, thanks for letting me know.
wuvvumsoc
Feb. 6th, 2017 01:29 pm (UTC)
Technically I think most rules regarding adoptables aren't enforceable (I believe most of what drives adoptables are an 'honor system').
thaily
Mar. 6th, 2017 07:01 pm (UTC)
Belated response; I believe you are correct, the way I understand it, a character design would have to be trademarked to be protected. Unless they are part of a larger project which is already legally protected.

That said, a lot of furries work on the honor system of adhering to a TOS, even if they're not strictly legally enforceable. But I daresay that telling someone what to do with their art, which might incorporate a purchased design, is seriously overstepping reasonable demands.
kattotang
Feb. 6th, 2017 08:42 am (UTC)
The problem is I don't see this linked to in the description of your original submission. I'm assuming it was linked on a different submission that was the original sale submission? If so that should also be linked here, as definitive proof he was given your rules beforehand. (Though, I'm also of the feeling that if it's a rule, it should be put in a "Rules" or "Terms of Service" section and not just in an FAQ, but I may just be splitting hairs here.)

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