Seeking advice regarding a traced commission

[laini.livejournal.com]

I'd rather not name any names at this point but basically I commissioned a full colour image from someone a few months ago and just discovered it had been traced from a photograph.
It's definitely not just referenced, it's been traced.

I'm a little disappointed as I really liked the image and it feels a little less special now, which I don't know, maybe that's weird.
I also commissioned them for another image and now I'm worried that one has just been traced too.

The price I paid was fairly low so that's not really an issue but they are charging a lot more for their work now and I'm worried people will be paying those kind of prices for traced work.

I'm still looking around and have found something that might have also been traced but to be honest the pose is super generic so it's hard to say, going to keep poking around to see what I can find but in the meantime does anyone have any advice on what I should do?

[EDIT] I've now found another commission that was also definitely traced. Looking through the site the two photos come from (it's a Japanese pay site btw) there seem to be a lot of things that could match up but as of yet those are the only two I can definitively say have been traced.

I didn't want to do a full AB if it was a one off and even if I could prove a personal piece had been traced I still wasn't sure that was enough but now there really isn't any other option is there?

Comments

[uriiko.livejournal.com]

You mention the price for the piece was low but I still think it'd be in good taste for the artist to issue a refund.
I'd dismiss submitting a beware but I feel like tracing art for commissions is worse than tracing for art that would be personal or other, and considering you've already found two traced pieces that were paid for I think creating a beware and making their username public can allow others to help find other possible traces they've done, you'd probably be doing the community a favor.
Best of luck and sorry to hear that your commission was traced!

[milingchi.livejournal.com]

I agree, or at the least, submit a beware.

S/he is tracing commissions, which in and of itself is a terrible thing. But you said that you felt disappointed when you learned, which you could combat so others would feel the same way if you posted a beware.

[gatekat.livejournal.com]

Just how do you know it's traced?

[laini.livejournal.com]

Because the lines are a perfect match to the photo.
In my commission they even traced a background item from the photo.

[frisket17.livejournal.com]

If it is traced and their gaining profit on it, no bueno.
They need a beware. People buy art (at least in my own opinion) because they want something unique from the artist... Not something any 5 year old can do with a lightbox (ie: tracing).

[roxyfur.livejournal.com]

I would definitely post a beware. That's a huge no-no. I would also say that you're entitled to a refund as well, because they essentially did very little work on the image.

If the artist is on FA, I would also report them, though you may not get word back from them for several months.

[laini.livejournal.com]

I wouldn't even know what to say :/

"It's come to my attention this commission was traced, here's my proof and I'd like a refund please"?

[roxyfur.livejournal.com]

Essentially, yes. That's all you can say :/ It'll be awkward, but you deserve the refund and they can't keep getting away with this. Provide the layovers, like teekchan said below, and inform them that you are entitled to a refund since you paid for an original piece of artwork, and this is not that at all.

[hidden-kyuubi.livejournal.com]

Traced works are against the acceptable upload policy so if you send in a trouble ticket with a link to the ones you know are traced, along with the original images it may take months to go through and get looked at, but it is against the website's rules and also a form of art theft.
Also please do submit a beware.

[laini.livejournal.com]

TT has been submitted but yeah as you said, who knows when it'll get looked at.
Already sent in a full beware too.

[duster.livejournal.com]

Bingo. That's pretty much how I phrased it when I found out a commission I got was traced. You will need to show them the proof but you didn't get what you paid for, you are 100% entitled to a refund.

[laini.livejournal.com]

Well, just asked so we will see how that goes.
I'm expecting either no response or abuse tbh.

[EDIT] Wow, refund of $30 and an apology. They say the second one wasn't traced but not sure if I believe that though they did offer to refund that one too.

[thaily.livejournal.com]

Maybe something like "I commissioned you in the assumption you would draw my commission from scratch, perhaps with reference, but not trace it from a photo. [links]
I will need a refund for my commissions or I will file a fraud dispute with Paypal."

Assuming it was cleanish art? They're essentially selling stolen goods and did not deliver the service you paid for.

[teekchan.livejournal.com]

Provide the artist layovers, and demand a refund. You didn't pay for a traced image.

[laini.livejournal.com]

I bought two and so far can only prove one was definitely traced. Should I just ask for that or for both?

I mean I'm pretty sure the other one was traced too but without the proof I probably don't have much to go on, even if I can prove another comm they did for someone else was also traced.

[ljmydayaway.livejournal.com]

You can submit this to the art-theft community on LJ, who might be able to help find the traced sourced. (You don't need to list the artist's name there, just show the images and overlays.)

[laini.livejournal.com]

I'm fairly certain I have the source. Should I post something over there too?

[frisket17.livejournal.com]

I would... and if you've found a second one, posting the gallery may allow others to find the sources of other potential images (a lot of those folks over here have hawk eyes and minds like steal traps)

[teekchan.livejournal.com]

Try a reverse image search. Or, on the side bar here, art_theft, and post it there. Many people have located traces that I haven't been able to.

Demand a refund for the proven one for sure. Link a layover with it. if you cant make one, ask an artists friend or someone else that can.
If/when you find proof for the second, egt a refund for that too.

You could potentially ask for a refund for both, just under the suspicion of trace for the second, especially if most of their work is traced, but I think thats a personal opinion, as I would myself, if it were me in that situation. But others may not agree with that.

[thaily.livejournal.com]

Ugh, please blow the lid on this.

What they are doing is immoral and illegal. They didn't just play you for a fool, they're also making a profit of someone else's work; the photographer.

No-one should be giving this person money.