[identity profile] xyzillentz.livejournal.com posting in [community profile] artists_beware
Yes, this title is probably confusing... it's not a beware, but I'm seeking opinions for myself.

I am, as far as I know, the only one on FurAffinity who does a rather specific type of commission. I convert 2D images to stereoscopic 3D for viewing on 3DTVs, the 3DS, or with those old red/cyan glasses - whichever the customer wants. Of course there's not a huge amount of interest in this, but I have gotten some people's attention. That leads me into one particular dilemma. If someone comes to me with their own art, obviously it's no problem. I've also got an arrangement set up with another artist where my conversion can be purchased as an add-on for commissions from him, so I obviously have his permission. But many, many artists are understandably defensive of their work. My existing "TOS" is very rough and I'm looking to update it - so I want to know how you think I should deal with requests to convert art that the buyer commissioned for someone else.

My initial thought was to simply state "if the art to be converted was not drawn by the customer, they must get permission from the original artist for it to be converted". But is that effective enough? Obviously it would be easy enough to lie about. If an artist contacted me and told me their work had been converted without permission, I would, of course, take it down. I think if I went with that plan, I might include a bit explaining that there are no refunds for conversions removed by request of the original artist.

Should I be more proactive about it, though? My other thought was that I'd contact the artist myself to get permission. It's still not fullproof since the customer could lie about drawing it themselves, but the extra verification could avoid later problems. On the other hand, it could delay or cancel legitimate requests if I can't contact the original artist.

So, what say you, the good and experienced readers of A_B?

Date: 2011-11-19 06:53 pm (UTC)
From: [identity profile] shukivengeance.livejournal.com
Contacting the artist yourself would be rather time consuming and a lot of unnecessary work. Ask your customer to show proof that they got permission from the artist, like a screencap from a note or email of them agreeing to it.

Date: 2011-11-19 06:56 pm (UTC)
From: [identity profile] taasla.livejournal.com
This is my suggestion.

I have a no edit clause in my ToS, but if someone asked me if they could purchase this service from you, I would definitely say yes! Sounds interesting.

Date: 2011-11-19 07:36 pm (UTC)
From: [identity profile] anarchicq.livejournal.com
What Shuki and Taasla said. I also have a no edit rule in my TOS but if someone asked me nicely and showed me examples of your work, I would likely say yes.

Date: 2011-11-21 02:53 am (UTC)
From: [identity profile] nambroth.livejournal.com
I hate being so random in this fine community but I must comment! Bryagh!!

Date: 2011-11-21 02:58 am (UTC)
From: [identity profile] anarchicq.livejournal.com
I get that a lot!

Date: 2011-11-19 07:24 pm (UTC)
From: [identity profile] ryunwoofie.livejournal.com
I feel if a customer really wants something they could lie about the artist agreeing. Although it would be annoying and take time, I would get the artist to let you know if it's ok..

I feel some people could edit and fake a screenshot if they really wanted something. But maybe that's my paranoia. lol

Date: 2011-11-19 07:46 pm (UTC)
From: [identity profile] kerstin-orion.livejournal.com
You could do what I do when someone commissions me for a pic of their character with someone else's. I have the commissioner do the work of asking the other person if it's ok, and tell them to have the other person send me a PM from their account (so I know it's them for sure). Saves me time and lets me verify who it is.

Date: 2011-11-19 10:18 pm (UTC)
From: [identity profile] mistresswolf.livejournal.com
This is exactly what I would do. :)

Date: 2011-11-19 10:43 pm (UTC)
From: [identity profile] syrusb.livejournal.com
I really like this suggestion. A note or email directly from the original artist with the OK would cover you well and there's less footwork on your end.

Date: 2011-11-20 01:12 am (UTC)
ocelotish: A girl with an ocelot on her shoulders (Default)
From: [personal profile] ocelotish
I like this. It proves the artist is informed, and it's the commissioner doing the legwork (which is appropriate here - they're the one who has contact with the artist).

The one exception may be if the artist has it clearly stated in their TOS that it's allowed (and even then I think I'd prefer to hear it straight from the horse's mouth.

Date: 2011-11-20 03:03 am (UTC)
From: [identity profile] kerstin-orion.livejournal.com
I'd like to add: make sure the commissioner knows they need to have the artist specify which image it is OK for you to modify, so that you are covered all 'round.

Date: 2011-11-19 09:09 pm (UTC)
From: [identity profile] teekchan.livejournal.com
Tell them to get the artist to note you. They have to s end a note saying something along the lines of 'X asked me for permission for you to use my work and I agree'.

I would MUCH rather have to note someone, than find out someone lied and never asked me at all.

Date: 2011-11-20 05:12 am (UTC)
From: [identity profile] aggro-badger.livejournal.com
Generally I ask, when someone wants someone else character in a picture, that they have the other person send me a note or even just leave a shout approving it.

Date: 2011-11-20 07:33 am (UTC)
From: [identity profile] sovy.livejournal.com
You will lose sales the more proactive you are in getting permission from the artist to alter the picture. I'd imagine the majority would say no. A lot of artists have a 'terrible twos' when it comes to their artwork. I think it just might be around the FA/dA-esque crowd though.

Date: 2011-11-20 02:50 pm (UTC)
From: [identity profile] hikitsune.livejournal.com
A lot of artists have a 'terrible twos' when it comes to their artwork

what is this supposed to mean?

Date: 2011-11-20 03:27 pm (UTC)
From: [identity profile] shukivengeance.livejournal.com
"Terrible twos" is the child development stage where toddlers are known for throwing tantrums and being difficult.

Date: 2011-11-21 04:30 pm (UTC)
From: [identity profile] hikitsune.livejournal.com
I know that, i have 2 year olds. I was asking in regards to artists

Date: 2011-11-21 05:45 pm (UTC)
From: [identity profile] shukivengeance.livejournal.com
The implication was pretty clear, artists act like toddlers when it comes to their work.

Date: 2011-11-20 03:26 pm (UTC)
From: [identity profile] shukivengeance.livejournal.com
The OP has made it clear that they plan on respecting the new original artists' rights. There is really no need to post insulting generalisations about artists who protect those rights either.

Date: 2011-11-20 06:35 pm (UTC)
From: [identity profile] poizenkat.livejournal.com
So it's selfish and childish to not want other people profit off of your own hard work?

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