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.

[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

[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

[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?

[bailzzararco.livejournal.com]

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

[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]

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!

[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

[bladebandit.livejournal.com]

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

[bladebandit.livejournal.com]

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

[bladebandit.livejournal.com]

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

[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]

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!

[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!

[shukivengeance.livejournal.com]

Just post what you've got, and it still stands that the full story would be appreciated!

[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?

[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! :)

[bladebandit.livejournal.com]

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

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

Re: tl;dr ahead...

[everainsley]

Yeah, we had so many issues with artists who, if they signed/watermarked the work, it was a scribble.

Something I forgot to mention, that we eventually made into a site rule was: If it said on the image "Do Not Repost" then we would remove it, no questions asked, even if the artist was not DNP.

Perhaps you could try that, and then you can simply comment on the submission, if it's a site you allow posting to (since you're on the site), saying you have given your permission for the piece to be posted?

Re: tl;dr ahead...

[bladebandit.livejournal.com]

That's a very interesting idea...hmm! Def. food for thought. Thanks again!

Re: tl;dr ahead...

[pariahsdream.livejournal.com]

Real quick question- I'm lucky in the fact I have only found one piece of my art up on 4chan but supposing I found more and did not want it up there, I would just have to find a mod to ask them to take it down? I hadn't known that was possibly given that it was well...4chan. I was irritated that the person didn't even ask permission before uploading the art.

[marus-puppy.livejournal.com]

It makes sense to me. Did you edit your ToS to explain this? (I ask because it sounded like you hadn't explicitly said such before this happened.)