Do I have to accept a refund?

[missiekruger.livejournal.com]

Long story short, I bought a charecter and now the orignal owner is wanting them back. They offered a refund, however I have since gotten art and such of them meaning I'd be almost losing money? Anyways, I don't want to give the character back. I said no and then they continued to ask. Do I HAVE to accept a refund in this situation? And if they go ahead and send one anyways, what do I do? I'm mostly worried about getting a bad name as a charecter theif or something of the sort.;

Comments

[whoop-zi.livejournal.com]

the character is yours now- if you don't want to give it back there's nothing they can do about that, not even if they send you back the money for it. be firm with them and make it clear that you paid for the character and are keeping it, and that if they try to send you a refund you will consider it a donation and keep that, too(hopefully it doesn't come to that, but).

[dinogrrl.livejournal.com]

if they try to send you a refund you will consider it a donation and keep that, too(hopefully it doesn't come to that, but).

I'd thought about this too, but I'd save it as a last resort/proceed with caution. I'd probably return the refund two or three times first, with the last refund saying "Any further money sent my way will be considered a donation." That way it's more of an attention-getter if they keep nagging, rather than a threat from the start.

[whoop-zi.livejournal.com]

yeah, that's kind of what i meant! /w\; definitely a last resort.

[kalika-tybera.livejournal.com]

You purchased the character, it's no longer theirs to just reclaim when they want. If you don't want to sell it back to them, then don't. Refuse all refunds.

[sacch.livejournal.com]

No, you own the character. It's your right to decide whether or not to give it back to the creator. The artist basically sold/transferred the "rights" to the character over, as far as I know how adoptables go- correct me if I'm wrong.

There's a big grey area morally when it comes to the art and rights in the adoptable business (which is why I no longer do it), but they sold it to you. IMO it's sort of like a written contract?

If they try to give you a refund, send it back and keep your foot down.

[dinogrrl.livejournal.com]

Without knowing any particulars of the situation or what your agreement with the artist was:

My inclination is that if you paid for the character in full, you are under no obligation to 'return' it. If they send a refund, send it back. If they won't leave you alone, I'd be tempted to block them.

Edited for grammar fail.

[losnyangeles.livejournal.com]

You paid for that character so you are not in the wrong! That character is solidly yours! If they send you a refund without permission then the only thing you can do is send the money back. See if there's a way to block people on Paypal if necessary.

[frisket17.livejournal.com]

They can ask until they're blue in the face and their ears fall off. You don't have to sell anything. It is your character and tough titties to them imo.

If they continue harassment, I'd flat out maybe make a beware about them -- about harassing clients after purchasing art/characters (as well as a way to cover your own butt should they somehow "design a character similar to the one you have"... )

[missiekruger.livejournal.com]

I'll be honest and say I'm not really worried about that simply because I now theres really no law regarding that. v 3 v;

[ithinkdirt.livejournal.com]

There doesn't have to be a law for it to be behavior that other people would want to steer clear from!

[amocin.livejournal.com]

As others have already said, no you do not have to accept a refund. You purchased the character, and are currently using it. Its just rude that they would even insist on it. You are not a bank they can loan money from in exchange for a character only to give it back when they no longer need the money. Or in the case of sellers remorse, they really should have put more thought into it before selling the character. It is unfair to you, the buyer, to be harassed.

[raisindust.livejournal.com]

It'd be up to you. If you really want the character, then no. If you wouldn't really be TOO bothered giving it away, do so -- but definitely charge for the new artwork and such as well, exactly what you have paid for it. They should definitely not be getting the new artwork for free.

[gaturguts.livejournal.com]

Yes, I agree here! Definitely don't let them have the art work for free if you do plan on selling it back to them.

[mistresswolf.livejournal.com]

If OP commissioned other artists for work of the character... then OP can not charge for that artwork unless they have bought the copyrights out from those artists.

I know I would be very upset if I found out someone was reselling my artwork.

[intj-reflection.livejournal.com]

I wish more artists would speak up about this. It's such a common practice and I wince every time I see it.

[missiekruger.livejournal.com]

I had no intention of asking for money for the art, I'm really terribly sorry if it came across like that!! In general, I don't want to return the character. I just thought that it was a relevant fact to bring up that I had gotten art, I apologize again.

[lunar-orchids.livejournal.com]

Especially if the artist isn't aware and doesn't grant reposting rights. Everything someone thinks they paid for can be pulled by the original artist. Plus it irks me when the original artists have no clue works even remotely changed hands. Even with proper credit being posted the new owner should ask for reposting rights by the original artist instead of just assuming they have them automatically just Because they bought the design In the picture.

I went through this majorly with the purchase of chyuu. So many artists were So happy to be asked and then I decided I'd rather post just the art I commissioned instead. But it shocked me how many people were surprised I bothered to ask and didn't just assume it was crazy.

[thaily.livejournal.com]

If person A bought a character from person B.
And person A commissioned me to draw the character.
And person B offered to refund person A for the money they paid me for the commission so they could buy the character back, that'd be legal.

As long as person B understand they don't get any rights to the artwork that was commissioned.
100% agreeing with you of course, just clarifying that person B could refund person A & reimburse money they spent on commissions if they want that character badly enough. It doesn't automatically equate reselling the commissions, only if person B then lays claim to the work by cropping icons/reuploading/etc.

[lunar-orchids.livejournal.com]

I had this happen to me to refund them and then block their Fa account. Before blocking tell them if they send you the money again your considering it a donation. But don't spend that amount until after the waiting period is over because they may try to file a charge back to be a pain.

[snobahr.livejournal.com]

Dear [Previous Owner],

Once again, I must decline your offer of a refund. Since purchasing [character] back in [month/year], I have had more art commissioned of that character, and am really enjoying it. Asking for a return of the art and the character, now, is like a publisher coming to my door and asking for my copy of a book I purchased last year back, because they didn't want me to have it.

I really like [character], and am very happy with my purchase, and do not wish to return it. Please stop asking for it.

It just occurred to me - you say the "original owner," is this the artist, or the person who bought the character from the artist, originally? Like somebody selling off their collection of OCs, and now regretting that one character geting passed along? Because if it's that, then, seriously, they have no leg to stand on in this situation.
Edited for bad HTML

[ashleyvsdestiny.livejournal.com]

Refund? You should be trying to figure out just how much money they're willing to pay. :3

[missiekruger.livejournal.com]

They bought him from someone than sold him to me. They just keep telling me how special he is to them and how much they regret selling him. @ ~ @

[torch-tiger.livejournal.com]

If they were truly special to them they wouldn't have sold them in the first place.

[lackoflollies.livejournal.com]

Exactly, so tell them that, and say you have no interest in selling the character as you have bought art and become quite attached, and if they keep pushing the subject simply block them.

[snobahr.livejournal.com]

"If [character] was truly so special to you, then you can commission [original artist] for a similar character. But [Character] is mine, now, per the sale on [date]. Do not contact me again about this. Good day, sir. I said, good day."

[aerospiritual.livejournal.com]

it's yours to keep, OP.

[alriandi (from livejournal.com)]

Sounds like a case of seller's remorse, though there has been cases of people selling characters and then turning around and demanding them back with a refund, before selling that character again and 9/10 times avoiding refunding the buyer. Essentially using the characters as part of a looping scam. Not saying it is, but after reading up some incidents with people demanding characters back after selling them, its definitely something to keep an eye out.

Do they say something about them in their TOS, because it should be your character regardless.

[songstressfox.livejournal.com]

Honestly, I would send one final "no, I have no interest in selling" and then block them if they persist. It is your character, and you are not responsible for their seller's remorse.

[vagabond.livejournal.com]

Unless a contract was signed specifically stating the transfer of intellectual property and trademark of the character, you don't own anything, and the artist can do whatever they like with the character they created, whether or not you gave them money for an 'adoptable.'

This is why I don't like adoptables, because they operate in this pseudo-legal honour system grey area. Precisely no one involved in the transaction is protected.