Advice?

[crazeetyger.livejournal.com]

About a month or so ago, I was commissioned by a friend for a sketch. They paid, I drew it, they loved it and end of story. A few weeks later, he dropped me a note telling me about an artist who was taking color commissions. I thought he was asking me if he could have it colored. I wasn't comfortable with that and told him that, but if money didn't exchange hands, he could. He didn't reply. A few days later, I saw that he did pay this other artist to color my work. I asked him about it but he claimed it shouldn't matter as he had done the same with other artists and they "loved what he had done."

I attempted to post a beware but something happened with the code and LJ and it was rejected. I have to admit, I was somewhat relieved as I considered him a friend and thought maybe I acted too rashly. So, it was rejected and I left it alone.

However, it's been brought to my attention that the artist he had commissioned to color it, has made a point on her page to call me out and not to commission me as I am "jealous and not a pro." I have not had any contact with this artist at all.

My question is should I post a beware on both of these people? I'm just torn on it.

Thanks.

Comments

[zackfig.livejournal.com]

Taking money to color other people's work is a big no-no.

So a beware is most likely warranted on the artist that is coloring other people's work.

[eveshka.livejournal.com]

Unless the person who commissioned it from the OP told the artist who colored it that they had permission. In that case, shame on the coloring artist for not verifying that, but double shame on the commissioner who had been told no and did it anyway.

[starcharmer.livejournal.com]

I would love to see a beware on them, personally.

[jakejynx.livejournal.com]

I don't suppose it was furaffinity that the artist posted the call-out on their page? Because you can't do that on FA. That said, yes, I think a beware is warranted.

[crazeetyger.livejournal.com]

It was deviantART. I have contacted the help desk, but these days, dA takes longer than FA to get things sorted.

[mysterymoose.livejournal.com]

I have to agree with the rest on who BOTH of these people are.

[poizenkat.livejournal.com]

I would love to know who they are so that I may block/avoid them.

[snowyedges.livejournal.com]

I would post a beware on the artist your friend hired to color your piece at the very least, especially since he's being rude and trying to taint your image.
Maybe post a beware on the commissioner, too, but I think what he did is kind of the lesser of two evils even though it ... led to all of this.

[zrcalo.livejournal.com]

As a person who has coloured paid-for lineart, I always ask the commissioner if they have the original artists' permission. BUT! Looking back on it after reading this beware, I took the commissioner's word on it. None of the pieces I've done were by famous artists so I didnt recognize the work at all. If the commissioner said "I drew it" or "I have permission from the original artist" I typically take it at their word.. Heck even if I would have asked for a verification from the original artist, even that could be faked.

But blatantly taking money to colour something that the original artist TOLD me no? I wouldnt ever do it. So I have to question whether the colouring artist even /knew/ that the original artist didnt want it done. It could all be the commissioner's fault.

[cyiakanami.livejournal.com]

I think what the OP stated was his friend got lineart from him. Friend round about asked about having it colored in by someone else. OP said no, they don't feel comfortable with that.

Friend took paid lineart and got it colored by another artist anyways.
OP is mad friend did this. And comes to find out the colorist is also now calling OP out as a bad artist and not being "pro" because OP didn't want the lineart to be colored for money in the first place.

"Insert drama fest"

And to the OP, I would state a beware on both of them. Your "friend" was wrong by going against your legal wishes.
And the colorist was even more wrong by not asking you for permission, and on top of it, making a drama starting call out journal for no reason.

I'd personally like to block both of them

[roocodendron.livejournal.com]

I'd like to see a beware on both people too.

[copper-curls.livejournal.com]

Yes, please submit a beware on both of them, although I think it would have to be two separate bewares, for different issues. Could a comm mod speak to this?

[tartii.livejournal.com]

Agreed, I would like to see a beware and a name to these people so I may avoid them. I do not want to work for somebody who will use the artwork against my own say.

[fenris-lorsrai.livejournal.com]

I'd post a beware for the defamation by the other artist.

as to the friend, it gets a little more complicated. If it was a digital commission, definitely in the wrong. If you did a sketch in real media and he purchased the actual physical copy, he can, theoretically, do whatever the hell he wants with THAT hard copy (short of claiming it is his own work), including having someone color it as part of First Sale doctrine. he could light it on fire if he wants.

However, under that same thing, he can't display COPIES of the work without the copyright holder's permission, which generally covers photographs of the item. Digital work is generally treated as creating a 'copy' as sending it to someone does not deprive the original owner of the digital item in the same way a hard copy would.

So if it was a hardcopy and he had it colored for his own private enjoyment and did not post it elsewhere (ditto the artist that colored it didn't post it), he's technically in the clear legally. It's not very nice to do once you told him no, but legally, he's probably in the clear in that limited circumstance.

If the colored version was posted by him or the colorist OR it was a digital commission that was colored, he's in the wrong.

Doing so against your wishes is dickish behavior, no matter whether it is technically right or not.

[crazeetyger.livejournal.com]

It was a digital sketch so no actual hard copies. I wouldn't have cared had he colored it himself.

[mreviver.livejournal.com]

I agree, post a beware on both of them. The way I see it, basically another artist has made money from your artwork and without your knowledge or consent, and they've got the nerve to call YOU unprofessional??

[crazeetyger.livejournal.com]

With the advice from you all, I'm going to go ahead with my beware on the two of them. Mods, Should I post separate bewares or one, since it's the same situation?

[shukivengeance.livejournal.com]

One post should be fine.

[thaily.livejournal.com]

Yes.
God yes.

First he decides not to respect your wishes (some "friend") and then this other "artist" throws it in your face. I'd love to know who they are so I can avoid both.

[goatparty.livejournal.com]

If I were in your shoes, I'd write up a beware on them. Especially the artist who colored the work, the comments were really catty and unprofessional. :/

[shinmaxwell.livejournal.com]

I would definitely put up a beware about both of them.

[otherscape.livejournal.com]

Yea, definitely beware on both of them. I might have forgiven the artist who colored your work if they didn't know you didn't give permission, but calling out is not okay.

[lackoflollies.livejournal.com]

People buy inks from me all the time, and ask "can I have this colored by someone else, or may I color it?"
I always tell them yes, so long as they credit me. If they wanna pay someone else instead of me to color my own work? Good on them, they're supporting two artists by doing this.

However I fully respect and realize not all people share this mindset, and I would love to know who these guys are regardless. It's one thing if the artist doesn't care, but it's another to completely disregard someone's wishes.

[werewolfofwater.livejournal.com]

I think you should for both of them. They don't have a right to impose their views about this onto you.

[taelifoe.livejournal.com]

Personally, I think that this artist's attitude toward you on a public page is in bad form. Do you have a ToS which states anywhere in it that your work may not be altered, unless you've given explicit permission to do so? If your friend didn't have permission, then he didn't have permission and it's not okay. Period.

I would be interested in a beware on both the commissioner and the artist, since it doesn't sound like I'd really want to deal with either of them.

[crazeetyger.livejournal.com]

I did/do have a TOS that states this, but he argued, "I paid for it, it's mine and I can do with it as I please."

[huntydamus belmont (from livejournal.com)]

Post a beware on both of them.

[linksage.livejournal.com]

Simple answer: yes. I'd like to avoid doing a sketch for someone with so little disregard to the artists whom they do business with, as well as any artist with that rotten an attitude.

[conigliomannaro.livejournal.com]

Definitely post a beware.

[ritsukaao.livejournal.com]

I agree with the others. This sounds like a beware well warranted. I know when I was first figuring out copyrights and such, it was rather confusing but I didn't flip out or act snotty when I was wrong and it was pointed out to me. That sucks your "friend" really threw you under the bus and acted like you were just throw a fit over nothing.