http://teekchan.livejournal.com/ ([identity profile] teekchan.livejournal.com) wrote in [community profile] artists_beware2013-12-04 11:53 am
Entry tags:

Trade Issues

I did an art trade with a user a while back, everything went a-okay. Both parts are completed. I check FA today and see a 'Prepose' flat rate sale and see something wrong.

It was the trade they did for me.

When I did the trade, they showed me two sketches to pick from, I chose sketch A. The user is now selling off BOTH sketches, including the one I chose, as prepose commissions. They said it was okay because they are not using my character. I told them I felt ripped off, because I expected an original piece, and provided one, and now there will be mass copies made of mine (multiple people can purchase the sketches).

They haven't replied yet, but I'm wondering if it's okay for them to do this because it's a trade, or if I'm right to be upset and feel ripped off?
And if the latter, should I pose a beware?

[identity profile] gatekat.livejournal.com 2013-12-06 01:45 pm (UTC)(link)
Then you need to learn the difference between copyright and trademark.
A character can not be copyrighted.

If you are attempting to copyright the image in question, I hope the artist takes you to court for it. The artist owns the copyright on the image unless they specifically sell it. No piece of paper will change that.

[identity profile] genetiics.livejournal.com 2013-12-06 02:29 pm (UTC)(link)
I am copyrighting my character not their art. I'm copyrighting my intellectual property. I have my own images of the character that I draw as well as notes of when I first created her. That is what I am copyrighting. Therefore the artist can not sell my commission because the character that's in it is copyrighted/trademarked whatever, to me.

Now kindly stop arguing with me and back off.
I didn't intend to start a fight with you.