[identity profile] rhyn ghye
I'm currently setting up a new TOS for when I open my services again once my space is renovated.
I haven't posted a lot on A_B but I've been a long-time post stalker and I've seen countless times commenters say how TOS's aren't a legally binding contract.
My TOS in its current state says what a person requesting my services can't do after I've completed and publicly posted said service.
With that in mind, how do I protect myself with my TOS from people who figure out I can't legally hold them to it?
On a side note, no money is passing hands, it's there for more of a protection of my good name online.

The TOS: (It's for character reviews and this fandom I'm doing them for is "particular" about characters and reviews)

1) By submitting you OC (Original Character) in the comment section below and specifying for review you are agreeing to the rest of this T.O.S.
2) All reviews are posted publicly, you may not ask for a review to be private.
3) In the case of a W.I.P. (Work-in-progress) character, you will not send me updates on the character after you have submitted the character to me.
4) I am not responsible for any unwanted comments or extra critiques by third parties after or before the post of the review.
5) You have asked me specifically to review your character, I have not randomly chosen a character to review without your permission.
6) This is a character that you want a critique and honest opinion on.
7) I own nothing in the review except my own words and any drawings that I myself have made for the video or thumbnail.
8) I do not attack, favor, or hold grudges against people, reviews are neutral and I do not rate a character depending on my relationship with the character's creator.
9) The character that you submit to me is your original character (not a friend's character) created on original or credited lines and is not heavily influenced by another character or copies one completely.
10) You will not rush me or ask that I make your review priority.
[identity profile] rimpala.livejournal.com
(Not sure if this needs an adult rating or not, I mention fetishes but try to keep the details out. I haven't been on Live Journal or artist-beware in years so if I have faux pas I appologize in advance...)

It seems that no matter how detailed I lay out my commission information or TOS someone comes along wanting to do something complicated and I wondered how others would price in that situation.

Recent examples include a repeating customer asking me to do a character sheet, but then wants me to draw their character in extra poses performing just about every fetish they have... the last time all the extra work priced them out of wanting to pay for the commission, which sucks of course but the last commission would be seriously under priced for the amount of work I'd be doing.
Other commission kind of ended up going the same route because the customer wanted me to lay out a character so complex that they were going to require five different pages to completely explain. I wish I was making this up...

And now a new commission I'd like to keep is a comic, but the customer wants to do versions of pages. And by that I mean they want charcters to be female in one page then male in another, for example, plus different fetishy adult things I don't feel I need to detail.

But how do I price something like that? Changing the sex of characters sounds like a small detail but can portientially mean redrawing several panels in the comic... but I don't want to scare away customers with inflated prices due to all the extra work. I'm hoping I can arrange to maybe doing one version of the comic to start off with, then do the edits later so that the work-load and price at least gets evened out by time.

But yeah, what do? Also, any way to attract perhaps simipler commissions? Like single ones? Beause I'm getting hit hard with the complexity stick lately. Some may be trying to get extra work for basic commission prices maybe, but others I know don't do it on purpose.
[identity profile] fayv.livejournal.com
I have noticed lately that there have been some predatory or just naïve productions and projects looking for artists and content creators. There isn’t a lot of info out there for new artists, and it can be very easy to fall into the ‘exposure’ trap, or get into a mismanaged project that ends up being more trouble and grief than it’s worth.
Below is a made up example post of something you might see.
Example and advice below the cut )
[identity profile] honeybunnns.livejournal.com
Hello! Sorry for any mistakes I make while posting this because it's my first post, but I'm in need of some advice!
I'm a not so popular artist. Only a few hundred followers. Someone popular has heavily referenced some of my art and made profit from it. I'm honestly a little afraid to make an official beware. I don't want their followers to attack me. I don't know who's in the wrong but I will explain the situation a little bit without giving away any identities.

Read more... )
[identity profile] star burton
I recently got commissioned to use a copyrighted character to make political commentary on an issue. I'm relatively certain it falls under parody, and the patron will not be making money off the image. Additionally, the patron has agreed to accept full responsibility for any backlash the image receives. I'm writing up a legal document for them to sign stating all of the above, should I include anything else, and does anyone have any advice on how to word it/etc?
[identity profile] allcometoruin.livejournal.com
I was recently approached by a friend who wants me to create character portraits (2 expressions each for 13 knees-up characters, which - per my pricing would add up to $195 total) for a visual novel they're making. They've seen my work/style and seems happy with it, but they want like...a detailed sketch preview (basically sketches of all the characters that aren't general poses/gestures to get a feel for what they're looking for) before committing to the commission.

I'm not really sure what to do about this tbh, because I've got plenty of examples that are easy to access. I work in traditional art + am very broke, so I make it a policy not to commit to a sketch/commission unless it's been confirmed because my supplies NEED to be paid for/kept fresh. I don't ask for payment up front normally (what I do is confirm the commission and either take 50% up front and the other 50% after the sketching process is done or take the full amount after the sketch is confirmed), but this is a really big order and it WILL eat up a good chunk of my inks/markers, which will need replacing, as well as paper and pencil lead (both of which are thinning to the point of needing replacement soon).

One person has suggested I take a down payment - not necessarily 50%, but a fair percentage - before sketching anything so if they do choose to take the sketches and finish them themself or have someone else finish them, I'm not losing out on supplies and time, while another says I should just do the sketches and if they choose to take them and complete them a different way, that's their choice. But IDK I'm not terribly experienced with big commission projects like this so I really could use some advice. :(

Thanks!
[identity profile] laughsatthunder.livejournal.com
EDIT: Think I'll just finish it, ask for a final, definite design along with exact measurements (maybe ask if they can get someone to help them for clarification?). I'd rather have them receive the fursuit and be happy, even if it means pulling teeth to get there.

I'll try to keep this as short as possible because it's SO MUCH.

I opened for fursuit commissions back in mid February. Client submits in my form, agrees to my TOS and pays in full a few days later. I order the supplies needed (resin bits, silicone, fur, foam, etc.).
Fast forward to March when they're now one of the top three on my list to get started. I let them know and they inform me that they have a new reference sheet since the design changed. Design changes are against my TOS. I save the new file, transfer their information onto it and order some more fabric.

There's been a total of three design changes since then, without a change in reference. As I'm working on this and showing WIP photos I'm being told about things looking "off" from the reference without having them pointed out to me so I'm not sure what I'm doing wrong since there's nothing for me to look at. Looking at their art and commissions (which they appear happy with) there's some variations in the design with each piece.

I'm more than halfway done at this point and they'd like it done in time for Anthrocon but this is really stressing me out between ordering more supplies, them constantly apologizing for the changes (that I'm not aware of) and the fear of finishing it and not having it fit them because they've also changed their measurements a few times. For example, I tell clients to measure their forehead circumference around their glasses if they wear them and that measurement has changed many times between 21" and 24". That's a huge difference! They also tend to type in abbreviations or mix up words/spell words wrong to the point where I'm not sure what they're talking about and that's tripping me up too. I ask for clarification and they get frustrated with me.

At this point should I just refund them and take my loss or finish it since I'm so close and keep biting the bullet while working with them? I'm being as patient as possible and they're incredibly patient too, as well as understanding. I'd feel horrible with going with the latter this late into the process but I've never dealt with a client like this before.
[identity profile] sonatine-artsu.livejournal.com
Hello everyone!

This is my very first time posting here so I'm really sorry if I do something wrong! And if something is confusing, I am sorry; English is not my first language but I am more than glad to go further into details if needed!

I have been doing commissions for a website called Subeta, in which artists can be hired to create clothing for the avatar. These clothing can be then submitted to the website, and, if approved, the users can dress their avatars up with it.
There are also recolors. If the, let's say, dress is red, after it's approved, the commissioner can request other colors of this dress if they wish.

Before you submit the item to the site, it's clearly stated that:

"Anything you submit, including items based on personal characters, becomes property of Agoge, Incorporated."

I recently wondered, however, what happens if I block a user. I filled a ticket to the Staff asking about it; and if they would be allowed to edit my artwork without my consent, considering I blocked them and they can no longer contact me nor ask for recolors.

They told me:

"Hi Sonatine,
This really depends on the exact terms of your commission with the user, and not whether or not they have blocked you or vice versa. If you drew the item for them and from that point on you consider the art completely theirs, they are welcome to submit recolors. If you have a TOS that states you retain the rights to the art, then they cannot distribute recolors done by other artists as they cannot edit the art. It depends on your terms from setting it up. That being said, the terms cannot be changed NOW just because they have been blocked."

It is true that I never really wrote in my TOS that the ownership of the art is mine, but looking through the copyright posts in this community, doesn't the art always belong to the artist if nothing is stated? Also, if they say anything you submit becomes property of Agoge, how will the art even belong to either the commissioner or the artist?

I am really confused by this right now, so any clarification, preferably with proof (like, a law or something, so I can posteriorly prove to Staff that even without the TOS I do own the art, unless I have sold my rights, which isn't the case) would help me a lot.

Thank you so much in advance everyone. :)
[identity profile] rebeccaannoying.livejournal.com
I have been really excited about building cosplays, but I can't afford multiple costumes for myself and I don't want to fiddle with commissions right now. My way around this has been to build projects very cheaply for friends. I usually charge for materials and not much else, and this has worked out great. I get to practice patterns and have fun making stuff, and they get a nice costume peice for a good price. The largest project I did was a Pokemon mascot/fursuit type head with some feet for my best friend. It took me a long time, but we had great communication and the completed head was a huge hit. Now her little brother wants me to make him a similar costume, but I have a few reservations.

His request is a full body Lucario costume. I'm not worried about the complexity or scope of the project, but I admit it's fairly ambitious for my experience level. It's also a ton of work to do for free. Don't get me wrong, I would LOVE to do such a project, but it's probably going to take at least two months. I initially agreed to this project last summer with the understanding that it woudln't be "due" until 2017, and that work was going to happen in bursts during breaks from school. The plan was to start with a head, then do arm sleeves and feet, and finish with the tail and body. This way he could have useable costume parts before the whole thing was complete. Unfortuantely my living situation didn't allow for work to begin that summer, and then college started in the fall. I made it clear that I could not work on Lucario during school, so I planned to get a ton of work done over Christmas break (and I started telling him this in September, so it wasn't a surprise). I spent a lot of time researching techniches and prepping digital files; my plan was to take advantage of the school's laser cutter and 3D printer to save some major time. Everything was ready to go, but I needed some critical information from my friend (measurements and etc) before the shop closed for break. I gave him two weeks to get me the stuff I needed... and he never did. I missed my window of opportunity with the shop. Of course I've had access to the shop since then, but for some reason this kind of killed my desire. I was about to devote my entire break to his project, and he couldn't even be bothered to give me some basic info. It makes me question how badly he actually wants this costume, and more importantly if I can depend on him for other important things like the DTD, fittings, additional materials, etc.

There are a lot of advantages to this costume: the build will be a ton of fun, the "commissioner" is willing to try on prototypes (which I imagine is considered unprofessional in fursuit/cosplay communities), and it will be great advertisement for my work since he attends multiple cons. I really, really want to build it. The downsides are that I don't feel like he understands or values how much work I'm about to do, and I don't know how reliable he is. If I hadn't already committed to this project (and they hadn't already purchased some of the materials) I'm not sure I would still say yes. I really want to move forward with this, but if I'm dropping out now is the time to do it. Any suggestions on what I shoud do? If I don't build Lucario, how should I break it to my friend? I'm afraid he'll take it as a personal slight :/
[identity profile] lunar-orchids.livejournal.com
Recently a friend of mine purchased a joint ych where artist A did the lines and artist B did the coloring and shading. My friend auto bought two images from this joint ych selection out of the four possible.

Artist A delievered the edits to both the lineworks quickly for approval and was very approachable.

Artist B only contacted her when the works were finished. She supplied artist B two flat colored images of the characters coloring and one turned out beautiful. The colors were correct as were the details she asked for. Unfortunately the second image looked nothing like the character that was supplied for it.

When she noted artist B stating that they missed marking details and the shading was heavily off and looked rushed they got angry saying she should have supplied a shaded reference.

Now in all the years ive commissioned artists i have never heard of this before. Most artists want a flat ref and is it wrong of her to be upset that the artist didnt even ask if she did indeed have one?

The colors are extemely off and the markings are off as well. It really looks like the artist tried to do shotty work and get away with it and is using this as a cop out. Since they seem to al2ays be posting collab work and things.

Would shading seriously throw off colors that much? Her character is a very light dry sand color and the work supplied looked like dijon mustard almost and tbh it didnt look like there was shading supplied at all.

I feel bad for her. Is it wrong for her to assume if an artist needed more information they would ask?

TOS advice

Feb. 27th, 2016 08:39 am
[identity profile] thegraveofkings.livejournal.com
Okay, I haven't had an issue with my TOS aside from editing it recently for clarity and to add that I offer adult artwork. However.

I've gotten a number of requests for commissions from people who turn out to be a minor (which I only end up finding out when they've told me "never mind" or "maybe later")

I know that as an adult I'm not supposed to enter into a contract with a minor... what do I add to my TOS?

Should I just say "As I cannot enter into a contract with a minor, please do not contact me for commissions if you are under 18?"

I'm not concerned about losing potential clients (I've been having less luck lately anyway), I just want to make sure I'm phrasing it in a professional sort of way.

Thanks in advance!

thegraveofkings/sodabubbles@FA
[identity profile] bearprince.livejournal.com
Hello all! I have a bit of a situation that I'm not sure how to deal with!

I'm currently working on a two-part commission where I finished the first half quite some time ago. Since it had been so long since I finished the first half of the commission, I sent a note to the commissioner asking if they a.) still wanted the second half of the commission, and b.) if they wanted it of the same character they originally asked for. They responded to my first note, saying that yes, they still wanted it, but when I pressed further for what character they wanted, I didn't recieve a response! After about a month of waiting, I checked and found that my second note had never been read, despite the person being active on FA. A sent a second note a few days ago, yet this one has also not been read, again, while the person is still active on their FA page.

So I'm...not sure how to proceed here? Should I forcibly refund the person if they continue not to respond? That's what I would default to doing, but I wanted to get some advice first just in case!
[identity profile] kerijiano.livejournal.com

Not quite a beware just yet, more me looking for some advice.

I'm a suitmaker, and generally I tend to be quite lax with payments, saying to the customer that "So long as it's paid off before I ship it out, that's fine!" And I feel this attitude may have come back to hit me in the backside a little bit.

I have a customer who owes me just over half of their suit payment - having only paid their deposit and an extra 200 pounds since. They paid me the deposit back in June 2015, but then they had massive problems with their money, having bills and ex-landlord issues.

They assured me they'd be able to pay "soon" but when it got to October I sent them a message to say if they were still struggling to get money sorted, I would be more than willing to refund everything, including the deposit and the materials I'd bought for their suit to help them out. They insisted they wanted to keep the slot, and managed to pay me  the 200 on November 27th 2015. Since then I've had almost radio silence from them regarding money, until they sent me a message a couple of weeks ago to say they'd be able to pay another chunk of money towards me.

I sent them an email over the weekend, to ask if they would be able to pay the money, which as far as I am aware, has not been read yet. Certainly there's been no reply yet. I'm seriously just considering refunding them everything, and cancelling the slot, despite it leaving me out of pocket because it has been over seven months and their suit is not fully paid off.

When I next open for commissions, I'll be enforcing a more strict "once a month" payment plan to prevent this from happening again.

TL; DR: Customer taking ages to pay off their suit, thinking of just cancelling and refunding completely. Or do I give them one more chance?

EDIT: RESOLVED. I emailed the customer saying "Refund or strict payment plan" - they opted to go with the refund with the materials I bought posted to them. Thank you all for your advice!

[identity profile] king-giga.livejournal.com
Hello, I'd like to have my Terms of Service contract looked over. I want to make sure it's clear, easy to read and well organized so I have a few questions for you guys if this is alright.

  • Are my terms fair ?

  • Are they easy to read and understand ?

  • Does any part of it contradict it self ?

  • Do I need to rewrite or organize any parts of it ?

  • Any thing else I should know ?


I really appreciate any one who goes over this and gives me proper advice. I want a fair and easy to read TOS. I'm worried I could have missed something important so I need extra pairs of eyes to go over this. I've seen other artists do this before so I hope this is ok to do. I just need some advice is all. Thanks again and feel free to tear it apart if you have to.

Also does any one know of a better site to host them on or is Google Docs just fine ? I'll be updating it as I'm given advice by the way.

Edit: Thank you every one for the great advice. I didn't even realize my TOS was such a mess. I'm going to be completely rewriting, Making an F-list for adult work, and making a seperate TOS for Crafts/Fursuits. I'm so thankful i've had you guys check it out for me. My replys may be delayed since i'm without a laptop right now, but as soon as i've redone the entire thing i'll have another update up here so every one can look over the new one. I can't thank you guys and this whole community enough.

Edit 2: I've completely rewritten my TOS ! It's a lot shorter and to the point. I'd like some further critique on it as well. The link should be the same but just in case it's https://docs.google.com/document/d/1S5Wb6ZL7XzJ5ac_oWtzF0lUYu1PparX9vRN76XqQRXc/edit?pref=2&pli=1#

After reading Kayla-La's TOS I added a few snippits from their TOS into mine for the sole fact i didn't know how to word it any better than they had. .I also fixed a lot of the wording in mine to look a lot more professional. I'm not sure if credit is needed for that sort of thing ? But I wanted to put that out there just in case. Thank you for the ones who suggested that to me.

[identity profile] laughsatthunder.livejournal.com
A few days into January I asked someone about trading a pre-designed fursuit partial in exchange for a resin base. The persons agreed and at that point, before anything was sent out, I asked if it would be okay to have them buy me more supplies to make the trade equal (as the partial is worth $800 and it was brand new). They agreed to it, I made a list of things I'd like and they agreed to that as well. They said they'd ship their half that following Saturday and I agreed to do the same.

Saturday comes, I ship out my half and give them the tracking number. No response, messages aren't seen. I get a message from them on Tuesday that my half has arrived and they're more than happy with it. That's great, but I haven't received my half so I asked if they shipped it out too. They say they haven't had the time so they would run to the post office.

I receive no messages but the base arrives in the mail, to my dismay it's cracked but at least I received it. I tell them I got it but it was broken and ask when they'll buy the supplies. They give me the same response as they did when the trade first initiated, which sums up to "I'm not paid much but I'll buy it this weekend on Friday or Saturday."

The last time I asked, with my messages not looked at, was January 26th. I haven't heard back from them and they appear to be somewhat active.

Should I wait a little longer or send another message, maybe cut off ties with them and take my loss? Is maybe an A_B post needed?

Thanks much.
[identity profile] wilk-canine.livejournal.com
Recently I had a commissioner approach me for a refund. I had taken a bit too long on their piece (I have my excuses but I'll leave them out) and they requested their money back. Since I'm doing very badly financially I asked if I could perhaps finish it within the day instead and they agreed to let me attempt to. I sent them the sketch and they approved it, but upon me delivering the final piece they said it felt rushed and that they weren't satisfied, requesting a refund again.
But now I'm hesitant to give it since I've already completed the piece, and to me it didn't seem rushed at all and seemed on par with me normal work. Either way, they had agreed to let me try and finish it and I did, so time was spent on it and I don't know how to proceed from here. Can anyone give me some advice?
[identity profile] knbender.livejournal.com
So I made a change to my TOS recently, stating all participates in a picture must agree to my TOS because of usage rights whether they are buying the artwork or not. Some have messaged me with confusion as to why, thinking it's a major inconvience and others have agreed with my stance of protecting myself and other people's characters.
As an artist, I feel the problems start since I sell prints and art packs, and commissioners agree I can do this with the artwork when they fill out my TOS agreement form, but with 'surprise' commissions, I find I don't have every participates agreement and can't use the artwork. What if the other character disagrees with my TOS? It's been a strange grey area. Also, it's been a growing problem of people using other's characters without permission in pictures that the owner doesn't agree with. I feel this protect people better, and protect me from being in the wraith of a person who I accidentally helped harm.
For a long time, I've felt uncomfortable doing people's characters in paid work without the express permission as a 'surprise' gift for the person from the commissioner. Am I in the right for not allowing it anymore? Am I being too harsh?
[identity profile] beastcub.livejournal.com
Would creating a fursuit for a customer with markings in tribute to David Bowie be of any legal concern? The most key marking would mimic the image below. The suit would also have red hair and rainbow stripes.

(a link in case the pic does not show up https://s-media-cache-ak0.pinimg.com/236x/d8/43/45/d84345c5ad39626539320264625cb410.jpg )
[identity profile] crocdragon89.livejournal.com
Long story short, I had a falling out with a friend who was also a client. To say the "break up" ended on a good note, I don't think it did. And unfortunately, through this nonsense, I wasn't able to finish correcting one of his commissions as we weren't on speaking terms, I kept forgetting, he wasn't rushing to get it finished, and I was working on other commissions at the time. To put it simply, I finally made these corrections, and would like to give them to him, but I don't know how to word the note. I don't want him to think I'm ready to be friends again. I just want to drop his commission off in a professional and buisness like manner, and be on my way. I don't wish to be cold, though. I hold no malace towards him. However, I couldn't say how he feels about me. Regardless, I just want to give him his corrected commission and move on.

I was originally going to put:

"Just dropping this off before I keep forgetting about it. It being a paid piece, it's something that should've been corrected immediatedly, and for that apologize.
Ps. I am contacting you in a buisness manner only."

But I feel that's too "cold". I'm terrible with words, so I'm hoping someone here would be able to help me with this? Thank you.


Edit 1/26/16: I was able to give him his commission. And at first all things seemed to have gone smoothley, but several days later he came back to me, asking to talk because he claims he's tired of "running" and feels there's unfinished business between us. Now, he's not being malicious in his words, he just feels there's something to patch between us, but I don't want to, nor do I feel anything needs to be "patched". I just wanted to give him his commission and be done with it all. But I can't if he won't leave it alone. I'm not asking for advice for this part, because I already responded to him, letting him know that I personally would've been fine to have just given his commission and be on my way, but I decided to let him talk. Stupid move, I know, but I've already said it, and I would feel bad taking it back. So I suppose this is now on me. Still though, thanks to everyone who gave me advice.


Edit 1/31/16: Okay. I was more firm with him this time, and he backed off without any fuss. Things are settled between the both of us, and it looks like things will and should be smooth from here on out. Thanks once more to everyone who has helped me with my original issue.
[identity profile] foxyanu.livejournal.com
Hey everyone, I was commissioned for a fursuit head, which was completed and really adored by the commissioner, but that's not the issue. I'm really not sure how to approach the commissioner about the constant messages he sends me via Twitter and text (37 pages worth in a Word document...). He's a local fur that I've only recently met and I don't like hurting people's feelings.

So, here's the story:

I was approached on FA to commission a fursuit head for A. Once I got all A's info, I maintained what would be normal contact, i.e. letting A know the fur was backordered so there would be a slight delay, etc. As soon as that info was given to A, I was barraged with questions about fur, how I was going to make it, what I was going to use, etc. At this point, I asked A is they had read my TOS, they said yes. In my TOS, I have stated that sending me a lot of messages, harrassing me for information, could canel your commission. This continues throughout the process, ok, I admit I should've said more about my TOS to them again, but it was my first real commission for someone other then a friend. The commission is completed, A loves it. Sadly, A has continued to send me a lot of messages and doesn't seem ot understand that I, 1. Don't have time to sit around a chat, and 2. I really feel uncomforable with them acting like this.

Since I'm rather new to dealing with commissioners, I'm looking for a preferably gentle way to let A know this is unacceptable as I am unsure of how A will act otherwise. Advice would be greatly appreciated.

01/10/16 UPDATE - I received another note on FA from A. My commissions are now closed, but A asked if I could do another commission AND give them a discount because they already bought something from me. I politely told A that my commissions are currently closed and there is no discount for being a previous customer. I also added that I wanted to mantain a professional, business relationship with them, nothing more. So far, communications have gone quiet from A.

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