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Adoptable Discussion Post

Howdy everyone!

We’ve started to see an increase in the number of questions and bewares involving adoptables so it’s time for a discussion post. We’d love to hear your thoughts on adoptable transactions. Some things we’d love to hear about:

-Reselling, Trading, and Gifting. What do you allow as a seller? What do you avoid as a buyer? Does the type of art being resold (one adopt, an adopt with new pieces of art, or an adopt that has been made into a fursuit) change the way you feel about this?

-Design Rights. If a new piece of reference art is created for an adopt can the customer now sell the design? What rights do you think an artist has to a design they create?

Those are only a few questions to get a conversation going. Please feel free to leave any and all thoughts you have about adopts as long as you:
- Don’t name artists, species, or customers by name. This isn’t a beware post. Keep it anonymous.
- Try to keep the conversation on the transactions around adoptables and not to the concept of adoptables themselves. People love adoptables! We want to know your thoughts on the business side.
- Keep it civil.

We look forward to your discussion!

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Comments

( 58 comments — Leave a comment )
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kell0x
Mar. 7th, 2017 11:24 am (UTC)
I prefer it when artist allow their clients to sell their designs but only with the same price, This was a solution when a friend of mine did a cosplay commission for a someone who resold the cosplay for twice as much, since then she made sure to mention that when she does business and I found it to be a reasonable choice. I do believe if you buy for the design you own it, in the real world people also design characters designs for Mascots, anime, games and comic books. The tragedy is that if you do it and character becomes populair you dont get the money from the seller/company selling stuff with the character but thats the business for you. Personally I am not a fan of adopts, I just dont see the purpose of buying a design when you can create a character on you own? I dont feel comfortable acting like I own a character simply because I paid for it, I rather feel more happy if I made it.
oceandezignz
Mar. 7th, 2017 04:15 pm (UTC)
She's doing that with a PHYSICAL item? She can't do that. Right of First Sale allows the purchaser to do whatever they want with the item as once it's in their hands it is THEIRS.

This is why you get people who buy as much of an LE item as possible to resell at a higher price later on.

Your crafter friend should charge more if her cosplay crafts can be resold at profit second hand.
kell0x
Mar. 7th, 2017 05:33 pm (UTC)
She's actually only offering commissions to friends nowadays because people stop coming to her after she asked for a higher price.

But let me get this straight,
if someone sells a physical art piece to a person they are allowed to resell it twice as much shortly after,
But if someone sells the same piece but only digitally the artist is allowed to say they arent allow to re-sell it for a higher price?
celestinaketzia
Mar. 7th, 2017 05:35 pm (UTC)
Right of First Sale only applies to physical goods because an original exists. You can do whatever with that original. Sell it for a buttload or burn it in your back yard. Because with digital there is no original copy it doesn't apply.

With a physical good you do not own the copyright, you simply are free to do whatever you want with your property provided it doesn't violate the artist's copyright. Reselling the original and the original only for 100x the value does not do that.

Edit: Oh, and this does apply to other media like CDs and DVDs. Usually the process is easier to figure out when you apply it to these other items. You can go and sell your CD to a pawn shop, but you can't make copies of your CD and sell it over and over. It's the same thing.

Edited at 2017-03-07 05:41 pm (UTC)
kell0x
Mar. 7th, 2017 05:51 pm (UTC)
Ok! thanks for the info. I keep that in mind when shes thinking about opening new commissions for strangers again.
This was kind of a complex case as she did this cosplay for a friend of a friend who is a big name in the Korea Cosplay scene and often resells her cosplays on Asian websites her connections makes it easier for her to resell stuff for bigger money and she is known for buying things as cheap as possible with personal commissions only to resell them for much bigger later. Which is within her right but consider she is anything but poor it sort of Frustrated my friend.

Nobodybuyscdsordvdsmorethololololol
celestinaketzia
Mar. 7th, 2017 05:54 pm (UTC)
My age is showing, waahhh! Darn whippersnappers.

MyCDcollectionwasamazing
kell0x
Mar. 8th, 2017 07:40 pm (UTC)
xD my cd's are in the garage collecting dust.
celestinaketzia
Mar. 7th, 2017 05:45 pm (UTC)
I do believe if you buy for the design you own it

Unfortunately, in a legal sense there isn't anything to own. Characters that belong to a whole, and that are used in large franchises are a very different beast than your every day furry adoptable.

Also, as Dergish stated we would like to keep the conversation away from the concept of adoptables as a whole. Just a general note if anyone wants to debate with you the concept of adoptables. You aren't in trouble.
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