[identity profile] kayla-na.livejournal.com posting in [community profile] artists_beware
Ok so...Last year in November, a friend of mine saw that I really wanted an adoptable that went up for auction but it was out of my reach. My friend ended up autobuying the auction, and gave me the adoptable as an early Xmas gift. The premise of the auction is that once the design is bought, it belongs to the buyer 100%. So since my friend bought the adoptable and gave it to me, he relinquished ownership to me.

Fast forward to today, I end up finding the adoptable recolored and raffled off. Confused, because the design was supposed to be relinquished upon purchase. So I asked the person about it, their gf won the raffle and gave it to the person that I found the recolored adoptable from. We talk back and forth, and upon doing some digging through what they presented me, said artist sold the original adoptable to my friend for a lot of money....but two weeks after that, they resold it to the person that my friend beat to get the adoptable in the first place.

Then, said person that lost raffled the recolored adoptable to the gf, and said gf gave it to the person that I spoke to.

At this point I'm pretty peeved because the design was unique, and there were NO recolors presented at the time of the auction. I'm wondering how my friend and I should proceed with this...

Date: 2017-05-02 02:12 am (UTC)
From: [identity profile] wuvvumsoc.livejournal.com
It's true from a legal standpoint but it doesn't make for the best business ethics, I mean like selling a character, then slapping on different colors and selling it again.

With adoptables you aren't specifically selling art but you're selling an idea which makes it much muddier territory, but I think selling the same adoptable twice has been considered beware-worthy in the past.

Date: 2017-05-02 02:18 am (UTC)
From: [identity profile] celestinaketzia.livejournal.com
It's been beware worthy when it's the exact same adoptable, not a simple recolor. As you said earlier, there are no hard and fast rules.

At any rate, only once a post is in the queue can we determine if something is bewareable. In this instance I feel (I can't speak for the other mods) it's going to come down to:

1. The original agreement. If the artist claimed that this design would never be reused then that's a big no no to do so.
2. How they handle Kayla-Na's concerns.

Edit: Fixed my sentences because I can't type.
Edited Date: 2017-05-02 02:21 am (UTC)

Date: 2017-05-02 02:22 am (UTC)
From: [identity profile] wuvvumsoc.livejournal.com
Fair enough. I didn't know if same exact lines, different colors warranted the "same" adoptable.

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