I can see where you got confused, because you don't need a TOS to "retain the rights", nor to "consider the art completely theirs". It'd typically remain under your control per copyright (17 U.S. Code § 106 in the USA (https://www.law.cornell.edu/uscode/text/17/106) - an edit is a derivative work), while their phrasing implies the reverse. But the support response is right in the sense that you can make an explicit agreement either way; and that having done so, it would be wrong to go back on it.
If there are terms not stated, but understood by all parties (e.g. you both believe accepting a commission on a particular forum (https://subeta.net/forums.php/forum/91/) implicitly permits the commissioner to post it as a custom wearable on Subeta), you should take those into account. This might include "anyone can recolor unless the original artist said no before accepting the commission" - but as a Subeta artist, you'd know if this was usual. It seems unusual to me.
In any case, if you really don't want blocked people resubmitting your art, it'd be best to put it in your terms and get agreement to them when taking a commission. Then you have something concrete to show, giving support a reasonable basis for enforcement. If they don't act, you can pull the copyright card; just be aware that if they see you as being unreasonable they might just pull the whole item (or all your items) to avoid problems in the future.
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That "become property of Agoge" wording is from their custom clothing (https://subeta.net/explore/custom_clothing.php) page, right? It's a bit… vague. You can't do a copyright transfer (https://www.law.cornell.edu/uscode/text/17/204) that way, at least in the USA - and subeta.net is registered (http://www.enom.com/whois/default.aspx) by a U.S. person (https://www.linkedin.com/in/keithkurson). [Incidentally Agoge's own website is offline (http://agogeincorporated.net/), though there's an archived copy (http://web.archive.org/web/20111014213112/http://agogeincorporated.net/).]
They might perhaps mean that you are making an irrevocable, non-exclusive license to display the art, or the specific arrangement of it, with the intent being to show it to other people in their use of the site. Of course, you have to get something back for that to have any effect, but I guess the ability to show the item on their site and transfer your own copies to others might count.
Alternatively, they might be trying to avoid the copyright apocalypse situation mentioned above. I noticed the phrase "If your artist has never been a Subeta user, you are assuming all risk for art you submit." So… their theory is that if they are a user, they agreed to the site using their art? o_o Or perhaps it's more because such artists are likely to be commissioned through their forums, and art from outside is more likely to be "stolen".
Their rule regarding content submitted by frozen or banned users (https://subeta.net/help/rules.php?act=rule&id=74) suggests that they do at least stop people using your art if your can't use the site or its custom costume features - although this may be more to head off copyright violations. It'd be hard to stop people doing recolours and suchlike, beyond banning them from using the submission feature at all.
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timeasmymeasure
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Date: 2016-04-07 04:37 am (UTC)If there are terms not stated, but understood by all parties (e.g. you both believe accepting a commission on a particular forum (https://subeta.net/forums.php/forum/91/) implicitly permits the commissioner to post it as a custom wearable on Subeta), you should take those into account. This might include "anyone can recolor unless the original artist said no before accepting the commission" - but as a Subeta artist, you'd know if this was usual. It seems unusual to me.
In any case, if you really don't want blocked people resubmitting your art, it'd be best to put it in your terms and get agreement to them when taking a commission. Then you have something concrete to show, giving support a reasonable basis for enforcement. If they don't act, you can pull the copyright card; just be aware that if they see you as being unreasonable they might just pull the whole item (or all your items) to avoid problems in the future.
--
That "become property of Agoge" wording is from their custom clothing (https://subeta.net/explore/custom_clothing.php) page, right? It's a bit… vague. You can't do a copyright transfer (https://www.law.cornell.edu/uscode/text/17/204) that way, at least in the USA - and subeta.net is registered (http://www.enom.com/whois/default.aspx) by a U.S. person (https://www.linkedin.com/in/keithkurson). [Incidentally Agoge's own website is offline (http://agogeincorporated.net/), though there's an archived copy (http://web.archive.org/web/20111014213112/http://agogeincorporated.net/).]
They might perhaps mean that you are making an irrevocable, non-exclusive license to display the art, or the specific arrangement of it, with the intent being to show it to other people in their use of the site. Of course, you have to get something back for that to have any effect, but I guess the ability to show the item on their site and transfer your own copies to others might count.
Alternatively, they might be trying to avoid the copyright apocalypse situation mentioned above. I noticed the phrase "If your artist has never been a Subeta user, you are assuming all risk for art you submit." So… their theory is that if they are a user, they agreed to the site using their art? o_o Or perhaps it's more because such artists are likely to be commissioned through their forums, and art from outside is more likely to be "stolen".
Their rule regarding content submitted by frozen or banned users (https://subeta.net/help/rules.php?act=rule&id=74) suggests that they do at least stop people using your art if your can't use the site or its custom costume features - although this may be more to head off copyright violations. It'd be hard to stop people doing recolours and suchlike, beyond banning them from using the submission feature at all.