Advice, please?

[bladebandit.livejournal.com]

EDIT: Ok, thank you for all your advice and comments! Will post a beware up ASAP.

Just a little thing: I need some advice.

In my TOS, I state that I only allow commissioners to re-post artwork to their FurAffinity galleries (Basically because I like to know where my work is being posted). I'm happy to make exceptions to this of course, but only if people ask.

A past commissioner of mine (Who was incredibly rude throughout the entire commission process; and that should have been warning enough...) has been banned on FA for art theft/ban evasion. They had access to my e-mail address, yet they have re-posted my piece on InkBunny and SoFurry without my permission. I kindly asked them to remove the images on both websites as I hadn't given them permission to post them there.

They deleted the submission, but reuploaded it. Here's something they wrote:
"I have permission to upload the art. the artist did not give any limits on WHERE.

since I did my end of the TOS. and he kept his. this is my fursona, and I paid good money for it. if he's not letting me upload this on MY pages...I'd want a fuckin` refund."

(I can post a screenshot editing out their username/userpic if it's needed!)

Basically my question is does their behaviour warrant a beware? Should I just ignore it and leave them be? I really don't want to deal with them/can't be bothered with them, because they're such a nasty person.

It's not even a huge situation; just wanted to be sure I was handling it correctly, really!

Thanks in advance!

Comments

[shukivengeance.livejournal.com]

I'd say it does. You said they were rude throughout the transaction and they even managed to get banned from FA before this. That's a lot of red flags about the person, but if you are to name them I at least would like to hear the full story (including the sour commission process) as well as anything you may have to back up your side of the story.

[bladebandit.livejournal.com]

My problem is that I no longer have the notes about how rude they were during the actual commission process...being the stupid person I am; I deleted them because they just gave me foul memories. :( So if I make a beware on that front, all I have is words. Would that be enough?

But I can def. get screenshots of how they're acting now and post a beware on that. Thanks very much for the advice!

[anjel-kitty.livejournal.com]

Yes post this person's name. Willfully violating your TOS and being so rude about it warrants a beware to be sure

[bladebandit.livejournal.com]

Ok, thank you for your help! Will try and get a beware post up soon. :)

[eewitsanne.livejournal.com]

TELL US. I wish to be wary of this guy so if he comes to me for a commission I can be like NOOOOOOOOOOOOOOOOOOOOOO. Rudeness is SO so not necessary in the world! <33

[bladebandit.livejournal.com]

Ok! I'll try and get a beware post up as best I can. Thanks, Anne! <3

[sigilgoat.livejournal.com]

I'd say to post the guys name!

But also, I'm not seeing why uploading to FA would be okay, but not Inkbunny/SoFurry as they're both image galleries. Perhaps you could state in your TOS that it's alright to distribute on image galleries SUCH AS FurAffinity for personal use only etc etc?

[bladebandit.livejournal.com]

It's only because I like them to be posted on sites which I'm actually on - I'm not a member of those other websites, and...well I can't really keep track of where they're posting my art, if that makes any sense? Which is something I like to do. o:

Probably a silly reason though, in many people's eyes, I guess! |D

[bailzzararco.livejournal.com]

Oh, that's definitely a beware situation, iffin you ask me.

[bladebandit.livejournal.com]

Hmm, ok! I'll try and gather stuff together. Thanks for the help!

[tech-rex.livejournal.com]

1)Rude behavior and continuing it definately warrants a beware.

2) If he keeps uploading the art, then contact the adminstrators/owners for both sites. If he didn't purchase the copyright for image, then he does not legally own the picture, you do.

[bladebandit.livejournal.com]

Ok; will try and get something together!

I have contacted the admins and am waiting for a response. :) They didn't purchase the copyright, no. Thanks for confirming that!

[growly.livejournal.com]

I believe you are in the right here. My first thought was "fair use", but I'm looking at the US Copyright Office's site (http://www.copyright.gov/fls/fl102.html) right now and they say "The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. ...The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission."

So basically the guidelines for what is fair use and what's not are super vague and it's pretty much left up to the copyright holder, you. You said "only repost to FA", and they purposefully violated your terms, and with an attitude no less.

So yes, I think this warrants a mild beware.

[bladebandit.livejournal.com]

Mmhmm, that's why I posted here. Thanks for confirming that!

Will try and get stuff together; many thanks for the help!

[ocelotish]

For me, it might be technically legal, but it also might be a good indicator of who you don't want to do business with. The problem is that essentially this sort of thing never gets taken to court because there's not really any money involved. Therefore we don't have much of a legal precedent to follow (afaik). What it does show is someone who takes a loose stand on TOS and won't stop after an informal "cease and desist."

[weirdmisty.livejournal.com]

What a horrible attitude! I'd blacklist the person just for that; who wants to do business with someone so rude and entitled?

[bladebandit.livejournal.com]

If I'd have known, I certainly wouldn't have...they seemed so lovely to start with. :(

[fatkraken.livejournal.com]

I think you're right here, but it would be good to alter your TOS to allow more upload locations. Many people are not members of FA for whatever reason, a major one being the spectacular amount of porn that appears there which many people do not like. It especially makes it uncomfortable when linking to friends of colleagues who might not want to see furry porn (softcore stuff often crops up in ads and avatars on FA). Others have been banned, for good reason or otherwise, or disagree with FA for other reasons. I would personally not commission someone with these TOS; I would not refuse to abide by them like he did, but it's not something I would want to be bound by in the first place.

In terms of keeping track, it's nice but you'll never be able to track EVERYTHING; even if the commissioner only posts on FA, nothing can stop a picture appearing on forums, 4chan or another anonymous board by their hand of anothers. Maybe you could ask them to tell you specifically if they're going to post it to non FA sites, and to provide you with the links?

[bladebandit.livejournal.com]

Ok! Thanks for the advice! :)

tl;dr ahead...

[everainsley]

Okay, looking at this from the view point of an artist and as a former moderator of a chan website...

It's great that you want to keep track of where your commissions are posted, but there's nothing to stop someone from right clicking and downloading the image to their computer, then posting it on a chan board. I think the only website I know of/use where it's not easy to download an image, whether be design or not (I haven't asked the owner) is Side 7.

I give digital commissioners two images: one smaller, watermarked piece for reposting, and one larger one that's suitable for printing. It's just a request that they link back to me, otherwise, my watermark is on the piece.

That said... You are within your rights as an artist to not allow reposting, and unless a commissioner wants to pay for the rights, they're pretty much subject to your whims.

What I said above is simply -my- way of doing it, and you're not stepping on ANY commissioner's toes by saying "No, you can't repost this." They may have paid money for a piece of art, but that cost, unless otherwise stated, did not include the right to the image. Him being so ignorant of what his rights are does make me want to know his name, so I can avoid him in the future.

Finally, back to former chan mod mode: I would make sure your art is legibly watermarked in case someone else does repost elsewhere. If you don't want your work showing up on some anon sites, you can kindly request to be on a DNP (Do Not Post) list as well.

Re: tl;dr ahead...

[bladebandit.livejournal.com]

I give them two images as well; just as you do. :) I recently changed my watermark/signature to make it more legible, thank goodness!

Anywho, thanks very much for the advice! Much appreciated. :D

[shariea.livejournal.com]

I think I know who this is, as I have seen that post in question. Her behavior has.. gone really down hill. Shortly before her ban I did a collab auction with her to try and raise some money because she said she was really really hard up and I felt bad for her.. and now.. im honestly not sure. There are some things that I know, and I have observed and it leaves me very questionable towards her.

[bladebandit.livejournal.com]

That sounds like the same person to me. I've seen in one comment that she was trying to sell art that wasn't hers? No idea how true or untrue that is; so I'm not going to believe or disbelieve that.

But I know what you mean. Her constantly commissioning people and then suddenly asking for funds (For health?) raises big red flags for me.

I'll be posting a beware on her soon with what I have. Hopefully it'll be enough!

[thaily.livejournal.com]

I bet it's Allan ;D

Contact the sites directly with a DMCA, problem solved.

[thaily.livejournal.com]

Oh it's a woman, then I have no idea ;P

[ogawaburukku.livejournal.com]

I'm on DA, so I have no idea how FA does its stuff, but I wouldn't let anyone post my picture to their gallery. I would allow them to post a thumbnail that links back to my gallery, but that's it. I hope this person at least gave you credit with a link and your name...

I wouldn't let this go. The nastier their attitude the more I want to take them down, haha. I can't stand when people don't respect artists and their work.

[bladebandit.livejournal.com]

That's the exact reason I have that rule - I don't want my images distributed on dA, because of the website's rules (All artwork posted there must be your own, etc.)

On FA, it DOES allow you to repost other people's work - but only if you have their original permission. ^^ I don't know how any other sites work, with regards to re-distributing rules, which is why I have that line in my TOS. (Does that make any sense? LOL)

Anywho...originally, no. No link back, no credit. Just 'This is a commission'. :(

Ok...will try and post a beware up. Thank you! <3

I've had serious problems with her too

[gaaralover85.livejournal.com]

I know exactly the girl you are talking about, and I've had serious problems with her over the past couple of months too. I noticed that she'd posted your work against your TOS, so i'll lay out what she did (and is still doing) to me so you've got a big more ammo as it were.

Ok so here's how it went down with her.

She originally commissioned me for an ink slot from me and paid me upfront in full. 3 weeks later she noted me requesting a full refund because she was in a "financial hole" I said that I would give the refund, but she'd sacrifice any future refund's from me if she brought from me again. During the time the refund was being issued, because i had to use a different paypal, she then went to :icondipper: and a few other people's journals. Buying commission slots from them for roughly the same amount, and more. The refund didn't go through, she had given me the wrong paypal because the previous one had been blocked. So i issued a refund to her new one.

She then commissioned a saturdaysketch sale piece from me a few weeks later for $8, and i accepted much to my gut telling me different. To which she asked if she could colour the piece. I then went off on my anniversary holiday, to look on her page to find that she'd posted the lineart as a free-for-all colouring. And wanted all her artist friends to colour it. She took down the inks when i first asked, but I struggled with one of her friends to get his version taken down, to which he didn't until i issued a TT. She then reposted the inks, stating that I'd twisted her words and that she'd brought the rights to do with it as she wanted. But had blocked me from her page.

So yes, apart from her doing all of this, she's been taking a requested lineart from tauvuranu and reselling the pieces as adoptables. Aswell as mitsukijuran who did a sketch/lineart for her, but wasn't paid in full for it but was reposting it as hers regardless. She got banned for selling tau's linearts, and then rebanned for ban evasion, she made about 3-4 alt accounts from what i heard.

She then moved across to InkBunny (because of her bans) And she reposted the inks again with the "recolour this!" at the bottom of the description. I TT'd on Inkbunny, and she got an Admin notice placed on her piece, she subsequently took it down, and reposted in her own words. Fine. But then she moved over to SoFurry, and reposted the image again, but offering it up for a Free-For-All lineart once more. So I facepalmed all over again. She never seems to learn.

Needless to say I'm at the end of my rope with her. A beware, from all the things she's done to people, is well merited.

If you need any further info just note me on FA (http://www.furaffinity.net/user/sugarcat/) Before all of this happened my friend had informed me that she was begging for donations for rent, and buying commissions with the money. But she'd taken down all information. I got screen-caps of her recent money grabbing journals, and any pics she was asking for commissions on. She just carries on repeating it over and over again.

There's also another account on FA that I'm suspicious of it being her, but not entirely sure. :S

I hope this helps you! I was really quite angry over her doing it, especially seen as she said she'd read them :/ If you need any more info then do go to http://www.furaffinity.net/user/mitsukijuran as she's had problems with her too.

*hugs*

Re: I've had serious problems with her too

[bladebandit.livejournal.com]

...wow. Just...wow. That's so awful! I'm so sorry you had/have to go through that, dear! :( Goodness me...D:

Thanks so very much for sharing this info! I don't think I'm allowed to include this in my own beware post (Or am I? o:) but will post a link to this comment in my post if it's allowed. Off to check the rules now!

Dropping you a note on FA about the screenshots!

[mysteriousraven.livejournal.com]

It's kind of interesting to me actually because I did This piece http://www.furaffinity.net/view/2878913/

That I did back in 09 as a trade of sorts, at least it was SUPPOSED to be. She he/she kept feeding me this line about trying to get the drawing done and nothing looking right or whatever and as you can see my effort ON the picture went completely unrewarded. SO this is an eyeopener. I knew he'she had had some work of Saphire done by artists I watch but had NO idea they was straight up stealing, good to know.