Oh wow, you're having problems with this now too? :C First off, I know little about actual copyright, but I do know that Subeta's idea of it is really skewed.
I'm on Subeta as well, and I had a user purchase a design but is now refusing to do anything with the artwork (AND refusing to even acknowledge my existence) and staff would not let me force a (full) refund and revoke permission to submit it so I could submit it myself. I had to add a clause to my ToS giving myself permission to do it in the future, but am SOL for the past item. =/
I honestly don't think the staff has any idea how copyright work. It took me almost a month to get the ticket sorted, and the first thing that was said to me was 'Generally once art is sold, it then belongs to the person who purchased it, regardless of whether it is submitted or not.'(Exact quote) ??? which is ?? not true. I'd have to have sold them the rights to the image, which I most certainly did not.
If it helps though, here is what I now have in my ToS now; "You are agreeing to be a third party that is delivering the rights of the images from my possession to Subeta.net's possession." (Then I have some terms about purchasing the rights if they want property of them, followed by) "You may not edit my artwork in any way or have anyone else edit my artwork UNLESS you have purchased the rights from me."
Which staff has confirmed they will enforce as long as it's in my ToS and I provide my ToS to commissioners and get confirmation they read it. (Even just adding to my form a checkbox that says they read it as proof for Staff to see. I suggest having people mail you the form OR confirming in mail where they cannot edit to back out later.)
Hope this helps you in the future, I'm sorry you're having problems now. For some reason Subeta has been really siding with Commissioners lately and screwing Artists over =/
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timeasmymeasure
no subject
Date: 2016-04-07 04:13 pm (UTC)First off, I know little about actual copyright, but I do know that Subeta's idea of it is really skewed.
I'm on Subeta as well, and I had a user purchase a design but is now refusing to do anything with the artwork (AND refusing to even acknowledge my existence) and staff would not let me force a (full) refund and revoke permission to submit it so I could submit it myself. I had to add a clause to my ToS giving myself permission to do it in the future, but am SOL for the past item. =/
I honestly don't think the staff has any idea how copyright work.
It took me almost a month to get the ticket sorted, and the first thing that was said to me was 'Generally once art is sold, it then belongs to the person who purchased it, regardless of whether it is submitted or not.'(Exact quote) ??? which is ?? not true. I'd have to have sold them the rights to the image, which I most certainly did not.
If it helps though, here is what I now have in my ToS now;
"You are agreeing to be a third party that is delivering the rights of the images from my possession to Subeta.net's possession."
(Then I have some terms about purchasing the rights if they want property of them, followed by)
"You may not edit my artwork in any way or have anyone else edit my artwork UNLESS you have purchased the rights from me."
Which staff has confirmed they will enforce as long as it's in my ToS and I provide my ToS to commissioners and get confirmation they read it.
(Even just adding to my form a checkbox that says they read it as proof for Staff to see. I suggest having people mail you the form OR confirming in mail where they cannot edit to back out later.)
Hope this helps you in the future, I'm sorry you're having problems now.
For some reason Subeta has been really siding with Commissioners lately and screwing Artists over =/