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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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Mar. 1st, 2017 03:40 am (UTC)
Well, as a commissioner who has bought a few adoptables and such (And having done some Auto-buys on a few), I view that if you pay the Auto-buys (Or highest bid) then you own that character outright and the rights to them. I bought a wallaby on Auto-buy (from Deviantart) which I adore and have made my own and hired artists out to draw them and such with no real issues. Now I don't know about reselling adoptables on as that isn't my thing.

If you pay outright though the going price and such, do you own the copyrights to that character?
Mar. 1st, 2017 03:52 am (UTC)
Unless the artist is including copyright into their adoption spiels and A-B agreements; no.

Copyright always falls to the artist unless sold or agreed away.

So even if you auto-bought that adoptable, you don't own the artwork. Nor the Trademark as that's its own field and requires a lot more than simply being created.
Mar. 1st, 2017 03:58 am (UTC)
Oh? So even if I bought the character and such forth and then went to go commission pictures of that adoptable as I thought it was mine, would I be in trouble?
Mar. 1st, 2017 05:09 am (UTC)
No. What OceanDezigns is referring to protects the digital piece itself that the artist created (the actual reference sheet.) The rights for any additional art you commissioned stays with whoever created that piece. None of this involves the "character design."

That's a lot fuzzier and mostly just etiquette. Technically, a character has no legal protection at all and there's nothing to prevent anyone who feels like it from creating something that looks exactly the same - it's all honor system. Trademarking probably isn't relevant to any fandom characters.

Edited at 2017-03-01 05:10 am (UTC)
Mar. 1st, 2017 07:09 pm (UTC)
Ah thank you. I am sorry if I sounded stupid. I've been in the commission business for years and I still have stupid moments. My utmost apologies!
Mar. 1st, 2017 07:46 am (UTC)
Part of the issue with adoptables is that they have no legal protections. Designs have no copyright protection, and each bit of art you get of that character is copyrighted to whomever created said art.

So you actually can't get "copyright" to the design, because such a thing does not exist (with very few exceptions, such as it being part of a larger work, like a film or book).

You can /trademark/ a specific character, however that is a whole long process and most furry designs are so generic they wouldn't qualify.

ABing an auction, or paying the highest bid, gets you exactly what buying any adopt does- you get to use the character, commission art of them, write them a back story, whatever. You don't get copyrights, bc there are none.


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