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So, I need some advice on this situation. I'm not sure if it warrants an Artists Beware yet, and I'm definitely worried about the artist in question retaliating against me even more severely should the artist find out.

I had commissioned an artist to do a private drawing of my partner and I's characters together. This was to be a fully shaded and rendered commission. From the very first notes I was clear with the artist that I did not want the artwork to be posted in any of their galleries, in any way, shape, or form. The artist agreed to these terms not in just the first reply, but also the second.

I ended up cancelling the commission at the lineart stage due to poor quality work and anatomy.

The exact same day that I cancel the commission, I find the lineart up in the artist's gallery as a YCH auction.

The artist changed the species and appearance of my partner's character but not mine. While the anatomy is so poor that it's probably hard to recognize mine, I was very upset by this and told the artist to remove the image. After confronting the artist I get my partial refund immediately. (The artist said they wouldn't give refunds for "work already done".)

The artist replied saying that the privacy only applied to the *finished* image and so they could "do whatever they want with it". However in no way, shape, or form did the artist ever inform me of that, it seems as though they decided "terms apply to final image only" AFTER I'd decided to cancel it.

I don't really think there's anything I can do at this point. I thought about demanding a full refund, but I feel like that will make the artist even more vengeful and they'll decide to post the other character as well, instead of the placeholder one.

So...was what that artist did out of line? What would you do in my place?

I even thought about paying the artist back, assuming I'd get the "rights" to the image back, but due to how it ended on such a sour note I don't think that's going to work either, and the quality is so awful that I don't want to give that artist a dime more.

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Comments

(Deleted comment)
rendrassa
Jul. 7th, 2017 08:49 pm (UTC)
1. Yeah, always be wary of an artist that has no real ToS. Mine probably isn't that great, but at least it's a good effort.

2. Playing devil's advocate here by pointing out that the OP's character might have been a very simple design (red fox, for example) and their partner's character more uniquely complex (a four-winged werewolf with ram horns and a scorpion tail, for a really out there example) so that there was need to change the partner's character but no need to change the OP's. Since we have no visual help, we can only assume.

3. As an artist who has a ways to go with anatomy and such, I can say the most important thing is customer service. Make someone enjoy getting their art from you and they're less likely to see the art as poor quality and will associate it positively. Alienating/disrespecting customers can ruin you fast.

Also, you might want to add "n't" to that first is.
(Deleted comment)
uaz_469
Jul. 7th, 2017 10:24 pm (UTC)
But what's actually the worst an artist can retaliate with?

I mean, if the artist has a fanbase he could sic on the "evil" customer then it might be understandable. It could also backfire though if the customer manages to defend himself.

Edited at 2017-07-07 10:25 pm (UTC)
sepp
Jul. 8th, 2017 10:13 am (UTC)
RE: 2. - I actually want to interject that I am familiar with OP's character, and if I were to see art of said character I would recognize it. The design and species, even if uncoloured, is not something people see every day and I do believe it would stand out (probably mostly to those familiar with the character) :/

ETA: same with the partner's character.

Edited at 2017-07-08 10:14 am (UTC)
rendrassa
Jul. 9th, 2017 12:35 am (UTC)
Again, since the characters in question haven't been revealed in any way, there's no way for non-friends/fans to know this.

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