[identity profile] metallik-hasse.livejournal.com
If someone has "no refunds" in their TOS, how does that come into play if the artist is unprofessional?

Say a client pays an artist and the artist is nothing but rude to the client as the commission continues. If the client wants to cancel due to this behavior, does the artist still have the right to keep the money and refuse a refund? (In this situation we're assuming that the commissioner is /not/ at fault.)

Disclaimer: I'm not currently having this issue, but I am curious about what you think about the scenario.
[identity profile] uaz-469.livejournal.com
Ahoy!

As a friend of an artist I commissioned before approached me and mentioned that I came off as obnoxious, pushy and rude for giving out criticism after my last commission went a bit awry, I'm really confused and sad now, because I never intended to come off as that. I really find her to be a nice person and like her art, so I planned to stick to her as my "to-go"-artist.

To clarify:
I commissioned a cover for a story I wrote, paid 40 dollars and gave every detail in the notes. After waiting several months, I received it and while I really liked the quality, a few (important) details were forgotten and/or ignored, and I got the impression that she works chaotically. As I wasn't entirely satisfied with it, I asked her if she could do the changes and that I want to talk to her about a different topic later (the criticism) and she agreed to the changes.
Then I sent a note with all the criticism and friendly advice, which she thanked me for and explained herself professionally, which I found excellent, because I always fear that the person on the other end might rage at me. So considering that she is still young (No offense, but my experiences tell that it are mostly the younger ones who can't take it well), I found it very impressive! And now I have to hear that she actually took it very harshly.

This is my note for everyone who is interested:
http://fs5.directupload.net/images/170505/6e8r9i9g.png

To be frankly, the only sentence which I could find rude is the assumption that she works chaotically, that she did those things where she wasn't entirely sure on her own without asking me first and where I asked her to think about my points, as I would it find really sad to lose her (As if I would be her only customer).
And now I'm asking myself what I have done terribly wrong that the artist thinks of me as a jerk and that I would think I would be too good for her art. After trying to get out more information of the friend, he told me that Americans take it differently.

So my questions are:
Where did I appear as a jerk and is this sort of a mentality-thing, where it's considered rude in the US of A to give out unwanted criticism? Because at least here in Germany if you are presenting your work to the public, you are simultaneously free to be criticized and shouldn't complain about that, as long as its friendly and constructive.

Advice is really appreciated, as I would like to keep good business relations to artists I commission and not destroy them because they were actually offended by something.

THX 11-38 in advance!


EDIT 1: Edited for clarity.

EDIT 2: Cut isn't working, so I'll just point to my first post in the comments, which contains further explanation and replies to some comments.

EDIT 3: After receiving a confusing answer from the artist to my apology so I have finally no idea what to think and/or do, I'll just leave her alone. I consider the matter resolved - sort of. Thank you for all your answers, as they really helped me showing my wrongdoings and how to behave in future commissions!

EDIT 4: Now my commissions were deleted (also replaced with a simple placeholder-image) from her site with a text that I harrassed and treated her bad, she would fear for her safety and no refunds would be eministered. She also blocked me from commenting and messaging her, making me wonder how I am going to get those images back in case my HDD dies.
Now that's what I call an overreaction...
[identity profile] latiro.livejournal.com
I've heard that there's a payment system called Payoneer, and I think it's an alternative to PayPal. I never used that service before, to be honest, so I'll need some opinions about it before I sign up on it.

Is it a good PayPal alternative or not? And if some of you actually used it, what are your experiences with it, whether they're good or bad?
[identity profile] dergish.livejournal.com
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!
[identity profile] ginkaruja.livejournal.com

And commissioners as well...

I hope this is allowed....
I am trying to compile a list of things people have said to artists and commissioners that have a negative view/stance on various subjects surrounding art. Mediums, pricing, marketing, art itself, methods, etc.  Anything and everything, even if it seems minor. What arguments have you seen out there?
Please number/point if you have more than one to share.


Examples of what I'm looking for:
-Digital is worth more than traditional.
-Art isn't a real job. (Everyone knows this one)
-Digital art is cheating.
-Patreon is a scam/paywall.


Variations on the same thing and details are welcome because sometimes it can add another dynamic to the opinion that must also be tackled.

[identity profile] kayla-la.livejournal.com
Hello! This is a post we've decided to make to help people who are shopping around for digital art tablets. Much of this will rely on user input, along with our own personal recommendations.

To save your friends page )
[identity profile] celestinaketzia.livejournal.com
Howdy folks!

There appears to be a Paypal rumor moving about the artist sphere that states that there's a new "digital adult content" that will "immediately get your account shut down" if you select it.

Fortunately, this is not true. Here is where you select your business account details.

From that screen click on "Update". It will take you to a new screen that looks like this.

Click on "edit".

Here is a listing of the categories you can choose for your business account. I've left my caps uncropped so that members can see the timestamp. Category 1, Category 2

The most users can specify is "digital art". There is no "digital adult content".

As for Paypal's policy on the sales of adult content, that can be found here.

Edit: Some more digging has brought up that an "adult digital content" section does exist under "Entertainment and Media", but not under the Arts and Crafts sections.

See here for the comment from our member.

With that said, we don't suggest leaving the "arts" category if you choose to fill out this type of business information. Why Paypal has this under entertainment and media when adult subscriptions are banned under their ToS is anyone's guess.
[identity profile] hanabikun.livejournal.com
So this recently came up and it made me concerned. The artist in question has this in their TOS

"-If you have not bought or traded for the art piece and you and me have some sort of conflict, you will be added to a list and will no longer have permission to use it. That will be theft."

This refers to their freebie art. Is this allowed on a TOS?
[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] 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] summercucumber.livejournal.com
Hey everyone! Sorry to bug y'all with silly questions, but my partner and I seem to be finding ourselves in a bit of a pickle and were hoping that some of you lovely people could offer us a bit of guidance.

Last June we entered a rather large raffle hosted by an artist we both admired. The artist in question was using it as a way to boost their watcher status, one of those 'get one entry for watching and commenting with your ref and +1 for every new watcher you refer' sort of deals. Being fans we sent friends their way to help them reach their goal and out of the hundreds of entries we were both fortunate enough to win the 1st and 3rd prizes. At first, we patiently waited for a few months, figuring that paid commissions would take priority (and that's totally understandable), but as time passed we noticed that the artist had eventually moved away from commissions and has since made several gifts and personal art-trades, seeming to have forgotten about us. Under normal circumstances it wouldn't be a big deal to just send the artist a polite note inquiring about the prizes, but over the past few months they've been displaying extremely hostile and passive-aggressive behavior towards their watchers. The littlest thing sets them off and when they get upset it riles up some of their more aggressive supporters, making my partner and I nervous about bringing the subject up.

Does anyone have any advice on how to go about this without angering the artist? Or are we better off just forgetting about the entire event and moving on?

Thank you very much for your time!
[identity profile] jambus-gtx.livejournal.com
Hello there.

I've been suggested to come here on Artist Beware to explain what has been happening regarding to character and art stealing on a friend's site. It has been happening for a while, and it hasn't really been solved, still. I mostly don't know what I could do, only by myself, and I'm trying to get as much help as I can.

I joined this friend's site, a chat service, which also serves as a character database. But, there's a huge problem with said site. There are... A lot of characters being used without permission, and most of the time given different names and even races, some of these being related to a "closed species" created by one of the users in said site. Most of the time they're not even properly credited, just a link to the place where they took the picture from. I tried to talk about it with the owner of the site, which I know, but I've been pushed back every time I tried to get them on the topic, and most of the time it's not that easy to keep a hold of them, especially as of lately.

Sorry for any grammar error, English is not my main language.

And thank you for any help\advice.
[identity profile] bornesb.livejournal.com
Hi all,

I run a review community on a standalone website and FurAffinity. I am a little unsure on how to handle artist/maker pseudonyms.

Read more... )
[identity profile] totschrei.livejournal.com

3 months ago a Contest was held.
After the deadline, the winners were picked and I was one of them. Not going into extreme detail I just need some advice.
This artist has continued to have free artwork, personal artwork, as well as taking more commissions.
Since it is "free" art in a way for a contest would I be able to post a beware?

Note: this person has been on A_B before about uncompleted work and taking on more then they can handle.

I sent them a note about a month ago and they said they were having computer issues. Being understanding I pushed it aside.
Well, I check back about a week ago and they are doing free art and commissions and personal.
So I sent them a message 3 days ago still being unread today. Now, I know that isn't a big deal with 3 days but they posted something recently within those 3 days.
That means they had to have at least known the note was there? Again, I am not trying to sound like I am impatient or anything.
I just want a response. I sent them another note asking to respond to my previous not and I am waiting on a reply.

How long should I give this or should I even bother at this point?

EDIT: Yes, it was a contest. There was art drawn for the contest. However, it was a MYO character contest and the prize was a picture for that character.

[identity profile] kaiiju.livejournal.com
I've seen a few comments pertaining to this scattered around, but I thought an actual discussion might be beneficial, since a lot of people seem to be offering/buying adoptables as of late.
I know a lot of people who will buy an adoptable for a flat rate and buy several pieces of art for it -- and then when they eventually lose interest in the adoptable itself, they turn around and resell it for an inflated price to cover the cost of the additional art that they bought for the design.

What's the general consensus on this, out of curiosity? I personally don't find it very kosher.

bleatr?

Sep. 21st, 2015 05:14 pm
[identity profile] kestral-kitsune.livejournal.com
http://bleatr.com/
I had a friend tell me I should sign up for this. and I've never heard of this service before.
and he explained it like this and I'm just copy pasting cause it made me snort.
A direct artist to client comissioning site for every type of artistic media
Its a mouthful to explain buut basically
"I do art like his and want money"
"I am looking for art like that and have money!"
And eliminates the middle man and countless searching.

has anyone else hear of this before?
ext_23444: This is a multi-spectrum false-color image of the Sun. (Default)
[identity profile] perldiver.livejournal.com
Hi folks,

I messaged a few of you about this already, but was just given mod permission to post it at top level.

I’m a Patreon creator (http://patreon.com/davidstorrs), and a web developer. My business partner and I are frustrated enough with Patreon that we’re building an alternative. We’d like to make sure it does what people actually want so, if you have a minute, I’d really appreciate your feedback.

We think the site should have:

* No percentage taken from your pledges
* Charge patrons immediately to avoid in-and-out “pledge-dodgers”
* Content management for all your content, past and present
* Specify when things should become visible (a.k.a. a publishing queue)
- ...to whom
- ...and for how long
* Ban abusive or exploitative patrons

As far as creators go, our current plan is that early adopters would receive as much storage as they need (within reason!), and future creators would get 1GB of storage for $9.99/month. Again, these are tentative plans and might change as we do more research.

All comments appreciated; a few questions I'd love answers to:

1) Does this sound like a service you would use?

2) Are there any other features you’d like?

3) What is particularly good about Patreon?

4) What issues do you have with Patreon?
[identity profile] corghi.livejournal.com

So because this isn't directly artwork related I'm not sure if it'll be accepted but almost two months ago I listed up my marker collection for sale and someone offered to buy it. We settled on $350 for the set but because they didn't live in the USA shipping for all of the markers and accessories was going to near $80. I offered to refund excess shipping if there were to be any.

They paid me $300 out of the $430 and then communication dropped. I kept asking them for updates, when they could pay, and they apologized and said soon. I kept seeing them bid on things and buy things though. I was getting a bit frustrated and eventually they tiptoed around the idea of a refund. I offered to mail out, and include the shipping on the amount they already paid for but they tiptoed around that and went back for the refund idea. While it wasn't direct, I knew what they wanted. I kept seeing them buy things, buy adoptables, they were active but I felt primarily ignored.

It was decided to relist my markers for sale and refund them the $300 I make from it but a lot of people were suggesting I only do a partial refund. I also bought art from them in February and have yet to see it. I thought about refunding them the $300 minus shipping for the art because I am just so frustrated.

I'll admit, I'm really upset at this situation. This was someone I thought I could trust with a payment plan and sadly I have to somehow manage a way to refund them a lot of money. My markers aren't selling as quickly as I thought they would.

I am trying to remain professional with this person but honestly I am just really let down. Any advice on how to handle this situation? Am I being immature? Is a partial refund out of the question? How much WOULD I refund them for what I feel was a complete waste of my time?

[identity profile] celestinaketzia.livejournal.com
For an artist, be you a hobbyist or pro; it is positively critical to have a good, solid Terms of Service (T.O.S.). One that includes both your rights as the artist and the customer's rights in relation to your services. Not only does this educate your customers on how the process works and what to expect from it, but it protects both of you in case something goes wrong.

In our first official T.O.S. discussion post, we discussed what to include in a Terms of Service, what constituted good terms, and what were questionable, shady, or downright illegal terms.

Now, once again; here's your chance to post your T.O.S. for critique. Don't know how to word a particular point you're trying to convey? Want to make sure your T.O.S. is fair for you and your customers? Need to make sure you didn't leave any gigantic loopholes? Link your T.O.S. here, and members can give you their advice.

This post can also be used to discuss any other questions that you have on your mind regarding how to build a T.O.S., maintain a good T.O.S. and how to make sure your clients read and agree to your T.O.S.

Before you post, please read through the previous T.O.S. discussions; apply what you learn there to your T.O.S., and then link your revised T.O.S. here for help polishing up.

Please do not post a half-finished T.O.S. and ask folks to rewrite it for you. Be prepared for honest critique!
A good 'break down' for a T.O.S.:
Intro
Artist's Rights
-Payment
-Process
-Preferences
-Publishing
Client's Rights
-Fixes/Redraws
-Publishing
-Behavior
Communication
Refunds
Shipping & Handling

-When it comes to an artist's preferences for what they will or will not draw; simple is often better. You -may- list what you are not willing to draw, but it can get lengthy. If you're not willing to list, or find your list getting longer than your own T.O.S.; but do not might getting ideas pitched at you to pick from, a good solid "Commission themes are to be approved at artist's discretion at all times. Artist reserves the right to decline any commission, without reason." will help you out.

-When talking payment, the community majority is in favor of using Paypal INVOICES. Invoices give the artist control over how much money they're getting, when they get it, and the content of the invoice (in case you're afraid of what a client may write in your place).

-Fixes/Redraws need to have a firm hard limit set to them, as well as some suggestions to go along with them. Detail WHAT part of the process a client may (or may not) ask for fixes on, how many they get and if they go over that limit; what you will charge additionally for it. Also suggest the client wait a minimum of 24-48 hours (if you can afford that wait) to really find out what they want fixed or what they can live with, to the satisfaction of you and themselves.

-Tell your clients in the T.O.S. what you will not tolerate from them from the get-go. If you do not appreciate sexual advances/role-play/commentary; state it in the T.O.S. that you don't play those games and such behavior will not be tolerated during the commission process.

-Communication: State to potential clients how often you'll be in contact with them, or your comfort level in them contacting you for status updates, or where to look for updates if you use a service like Trello or keep a queue maintained on your blog/art site/etc.

-Remind your clients of your rights as the artist, that you own the artwork created due to copyright law. You have full publication/printing rights, but will out of respect to them ask if you can print their commissions for other purposes. If you give re-posting rights to your clients; state here and now where they can or cannot post to, if they have to use a watermarked copy you provide, etc.
-PRIVACY: State your policies (and applicable fees) on privacy of commissions, if you require permissions of secondary characters involved in said private commissions and the possible longevity of how long a private commission may stay private.

-Include refunding options, when a client is a allowed to back out, deposit fees (if building tangible art), etc. Just don't say 'no refunds, what so ever'.


Remember; the tips in the above cut are only the tip of the iceberg for a T.O.S. they're there to get your brain going on what to do. The Mods or even long time comm members will be absolutely glad to offer their two-cents on any other questions or topics you have come to mind, on top of the critique.

If you feel your T.O.S. is quite solid feel free to post it so others can use it as an example.

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