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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!

Community Tags:

Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.


Mar. 2nd, 2017 02:53 am (UTC)
Except for the part where the seller is only selling the rights that they actually have to the art. Typically the right to post it and say "that's my character" if they also say "art by X".

You gave the buyer those rights when they commissioned you.
Why so much trouble with them selling the rights they do have?

I've never seen a sale that claimed the extra art came with the image copyrights, only the standard rights that always come with commissioned work.
Mar. 2nd, 2017 02:59 am (UTC)
I was coming in here to say this. All I've ever seen sold is reposting rights.

I don't see the problem personally. I got paid, and so long as the new owner abides by my legal rights as an artist they can repost all they want.
Mar. 2nd, 2017 03:17 am (UTC)
Because it's incredibly weird and offensive to me sell artwork that doesn't belong to you? To me? My biased and subjective opinion?
Mar. 2nd, 2017 03:28 am (UTC)
They are not selling the artwork.
They are selling nothing that they do not own.

I can accept it if you can't see the difference between posting rights and ownership, but there's a huge one on the legal side of things.
Mar. 2nd, 2017 04:34 am (UTC)
I totally get why it feels weird, but at the end of the day all they're really selling is the fandom-specific ability to say "this picture is of my character." They're not selling the artwork itself, or any legal rights to it.

As long as you got paid for the work, I wouldn't even worry about it.
Fralea Comms
Mar. 2nd, 2017 10:34 pm (UTC)
Yeah I feel you but I guess if it really bothers you you might consider amending your commission rules/tos to not allow reposting of any of your artwork. If you specifically mention in the commission agreement that you are granting the commissioner the right to repost with credit, you sold part of your copyright (just a tiny part of course).

I'm not sure that you can legally prevent someone from reselling rights you already sold them, but if you could I'm almost positive it would have to be laid out in the contract upfront.

OTOH, I'm a little suspicious that all adoptable resales actually only include art that they were specifically given reposting rights to, since not all artists do that. But perhaps that's just me being paranoid.
Mar. 2nd, 2017 10:46 pm (UTC)
Given how rare not being allowed to post a commission you bought is, I think you're being paranoid overall. I know they must exist, but I can't actually think of one.

Plus you can always check the TOS of the original artist.
Now if the seller doesn't list the artist(s), that's a red flag of another kind to me.

But both are getting into the area of things that can rate bewares, not what normally happens.


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