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TOS addendum by Thaily

I already added it, but I thought it might require a highlight as well.

I see people (re-)selling characters and then charging for art they commissioned of the character while they owned it. I guess they're trying to get their money back, or even turn a profit? However, legally, with freelance work you have to negotiate and pay for rights to freelance work, such as commissioned artwork. These rights include the rights to repost, edit, sell and transfer those rights to a third party.
While I'm usually lenient on the redistribution and editing of commissions by the original buyer of the commission, within reason, I do not extend those privileges to anyone but the original buyer. And unless they have asked and paid for the aforementioned rights, they cannot sell the rights to my work and the character's new owner cannot use my artwork for anything.

In plain English, if any of the characters featured in commissions drawn by me changes owners, the old owners may not give away/trade/sell my artwork, nor may a new owner make claims to the artwork.

P.S. The same goes for gifts and trades drawn by me, of course.

TOS addendum

Thaily

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    Wait, hold on. That doesn't make total sense. The rights to publish, display, etc.. sure. Those are copyrights. But to sell the physical item itself, give it away, or trade it for something else - as they own the physical item that's their right to do with it as they please. Isn't it?

    This may be a country-by-country difference, i don't know. But I do know that say, if my friend (x) bought from artist (y) and then sold the item in say an auction or whatever they won't get into trouble for it. This is due to ownership laws.

    However, they cannot sell, trade, or giveaway any copyrights that a) they do not own nor b) have the right to basically resell. Copyrights are a different animal from the physical ownership of an art-object.

    This is where my confusion comes in - your last sentence. 0.o Buh?

    • Link

      A physical item people could give/trade/sell, there are some law that say you can't destroy an artist's work, but that's very regional and requires legal action.

      Yes, this is about the rights to the work, not the physical copy. There's a rise of people who buy an adopt, or even get one for free, then get a bunch of free/cheap art and sell it as a bundle, trying to make a profit. But the seller doesn't usually have the rights, so they can't sell them, and a new buyer can't use the artwork the way they'd like. It's essentially a scam.

      I'm just putting out this warning; I don't usually sell rights, so you can't buy them from someone else, for example if you buy a character bundled with art.

      • Link

        I -have- seen that before! I had a discussion with a different artist about that too.

        Okay that makes a LOT more sense now. Thanks for clarifying! :)

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    Side note: I have to remember to clarify that too in my own tos... o.O