James

I have no advice on the legalities, but I do have thoughts on the usage of your character:

Without context it can be difficult to assess how out of the blue this was, but going strictly off of your text, I'd be hurt too.  I've had a single long term RP partner since I was 14 years old.  (I'm 34 now, and said RP partner is my husband.)  I'd be deeply hurt if he considered using my main OC for such a public project without talking to me.  Just in a general level that kind of a project would bring all sorts of levels of excitement.  This is seeing your characters come to life!  This is seeing a story that's previously existed in a private(ish?) setting come to a public setting.

Whether or not you choose to license the use of your character or not, take into account what might happen to them if this project takes off.  Would you be ok with that?  Some comic creators hated seeing some shipping art of their characters, but had to give up because of the sheer amount of it and the tenacity of the fans.  Can you handle that?

Yea, even if you worded it that way it still doesn't necessarily make pressuring you into two separate images the right thing to do.

It depends on what you asked for.

Did you ask for a specific scene with two characters interacting:  "I'd like Jim and Rose to be on a roof top holding hands and looking at the stars"

Or did you ask for two characters and the artist interpreted it as you wanting two different things:

"I'd like Jim looking at the stars on a roof top. Rose is there too, but sitting in the chair."

If it was closer to the first one, then they shouldn't have pressured you into splitting your scene up. 

As for them not following your prompt, do you mean you asked for Jim on a rooftop looking at the stars and they drew Jim pole vaulting on the beach?

If so then yes, you would have been entitled to a do over or a refund. Unfortunately if you reluctantly accepted the commission the artist may not be entirely welcome to you coming back. But if they didn't follow your prompt then they didn't. It's always worth approaching them about it. A professional artist would admit their mistake and try and make it right by you.

Howdy.

It wouldn't be a beware, no. No exchange of money/ services, no beware. 

Whether or not it can be a caution post will be reviewed on a case by case basis. Though we are unlikely to accept "this person was a bit rude to me". It has to be bad.

If you feel it is something we should look at we will be happy to review. Just please bear in mind that we reserve the right to reject a post.

Locking this as it's a rather old post, and let's not necro post.

I also want it to be known Artists Beware's official policy will continue to follow Boozy's article.  We won't accept anything from individuals who are attempting to interpret law on their own.

Howdy.

This isn't something the advice forum can answer you. Only a queue mod can when a post is in front of them.

However generally speaking when personal relationships are muddied like this we are very hesitant to accept a post. To a small extent because we have to weigh in that someone may be doing this as a jilted ex trying to spite their partner. And we don't want to be used in that manner.

But mostly because proof is going to be difficult to supply. Not only because we don't allow mentions of personal issues, but also because relationships there aren't character custody hearings. The onus of proof that the character was 100% yours when you broke up is going to be on you. Not "implied" because as you said, it was "co-owned". Explicitly said to be yours. Whatever money you spent is irrelevant. If I divorced my husband tomorrow I wouldn't be able to get a refund on the couples art we got while together.

We will be happy to look at whatever you send us if you feel we should see it.

I'm going to close your thread because there's nothing the community at large can answer 

Just for clarity Boozy is a lawyer. If anyone wants to refute his claims we ask that they state their credentials. We are always looking to improve our understanding of the legalities.

Adoptables are something that Boozy Badger has covered before.

You can see the article here.  I asked him personally how reclaiming and refunds work, and his response for that is here.

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The artists, therefore, has the right to demand others not use that specific character (with certain limited exceptions that we ain’t getting into here today) and, likewise, can actually demand that people stop using the character.  So, to steal from our above example, in this situation the default would be the Artist A creates Sammy the Slutty Salamander, and then Buyer A – instead of purchasing Sammy as an adoptable – instead just screenshots that shit and sends it off to Artist B to create the world’s first and greatest salamander/vulpine hot pegging action comic.  If Artist A becomes aware of this, Artist A has every right in the world to demand that the comic be taken down and that Artist B not display or use it in any manner (once again, subject to some general exceptions we ain’t discussing here).

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The artist can revoke the right to use the character whenever they fucking want unless they agree to certain limitations in the negotiation and purchase.  While this doesn’t necessarily have to be in writing, it’s a hell of a lot easier to prove when it is, though.  So, you know, join a group the artist doesn’t agree with and have no terms on the adoptable revocation of rights that limit it?  Feasibly the artist could send you an email terminating your license to use the same.

The tl;dr is that yes, you can take back the adopts any time you want.  Adoptables are a license to use a design.  Do you legally have to give a refund?  No.  However, what is legal and what is considered moral are two different things.  The adoptable market depends on trust, and an artist who recalls adoptables without a refund sours the trust.  Here we also consider it a bewarable offense.

This would be considered an "abandoned" commission.  If you don't have how these are handled in your ToS, now is time to add it.

Since you were blocked everywhere it can be handled in two ways:

1. You issue a full refund and resell the sketch as a YCH.  This can prevent further bad feelings on their part.
2. You issue a partial refund for what you haven't finished yet, stating they've made the commission impossible to finish.

If it were me I'd do option one just to avoid the hassle of chargebacks in the future and any issues of bad feelings.

Now would be a good time to send them an Ultimatum.

It doesn't have to be anything long.  Since you've already said you're no longer interested in the art, it would be best to simply tell them that you would like your refund and would like their response on how the refund process will go.  A week wait for a response is good enough before you file a dispute.

If it were me I would send them a final notice that I've been patient, but due to silence I'll be posting my commission. I'd reiterate that I made it clear the purpose of the commission was for public display.

From there unfortunately you don't have much recourse if they decide to file a DMCA to pull it down. Though I have a feeling they'd not respond at all.

Contact them first and tell them you want a refund.

1 hour ago, theodor said:

Individual said 'not really' when I asked if it was their paypal I paid. (They said it was another company, but the mailing address matches the paypal. I didnt want to cost them chargeback fees if it was their personal account and it really is a compnay) I have no idea who I paid. I started a chargeback.

Is there anyone I can work 1on1 with a mod to submit this as a beware? Theres SO many twitter DMs and the situation is SO weird that I dont even know where to start.

Howdy!  If you have a direct question like this, it's best to contact anyone listed on the staff page.  Forum mods aren't queue mods, and I was lucky enough that Bornes caught me on discord to point me this way.

The answer is that we can't dedicate staff to help people write bewares just because turn around is so long as it is.  :(  There are numerous examples of what a good beware is, and we trust you to do your best.  Remember, only include what's relevant and proof of your major claims.  Censor anything that's too personal, or keep it vague.  If we feel like we need more, then someone will ask you what to supply. 

With something like this that character accuracy is in dispute include the original ref and detailed pics of what was.  If it helps, break down the beware into sections with major phases of the transaction:

• Original agreement, ref.
• Communication about the eyes.
• Detailed pics of what you received and how you tried to resolve it.  Include here what the builder/ maker said and all of the blame they placed on you.
• Where you are at now in the refund process.

If you need any further help please contact someone!

Howdy.

We've updated our twitter, but want to be sure to update on the site itself.  I know I can be obnoxiously wordy, so I'll try and not make this too tl;dr.

In short we are installing a zero tolerance policy for abuse leveled at staff members.  Individuals who curse at or threaten moderators in response to moderator action will be automatically banned.

What this auto permaban isn't:

• A ban for discussing mod action.
• Disagreeing with mod action in comments or privately.
• A ban for being snarky or rude with staff.

If your response to us enforcing our rules is to tell us to fuck ourselves, our site is "dogshit", or threaten us with legal action then we're going to ban.

Comments that don't make it through are not official action against your account.  We don't keep track of them, nor do we hold it against you.  If your comment requires someone to respond to you, we'll do so privately.

If you feel like you need us to know, please PM someone or fill out a contact form.  I promise you we'll listen.  We're always trying to do our best and to serve the community.

(I'm also sure there are individuals who want to claim sole credit for this decision, but it's been a bit of a slow burn over numerous years.  Yesterday was just the straw that broke the camel's back.)

It's really up to you.  There are a few notorious clients who take ages to respond.  If you'd like to post a lost contact we can help you out.  If you're comfortable waiting it out, then go ahead.  Just balance if you need to keep your queue moving or if you can stand to have something sitting in queue.

5 hours ago, Scourge said:

 

Yeah I've been capping everything so far.

I do have a few caps, but one is from a server I'm not in but I was sent the cap. How should I handle that?

If it's not something that's available publicly then it's a no-go. Otherwise, yes.

All that can be done is for your beware to stand on it's own.

If she's directly saying untrue things, or sending direct targeted harassment to you then feel free to add it.

2 minutes ago, Nimblebutt said:

Dorky question, but should I use credit instead of debit when comissioning an artist?

Credit cards if you've got them.  They add an extra layer of protection if Paypal fails you.

I only have three comic projects under my belt, so there are probably more experienced individuals out there.  I know @zenia was (is?) working long term as a comic artist for someone.

But your best course of action is to sit down yourself and figure out how much of your story you want into a comic.  You can't jam a lot of action into a single page, and comic page counts rise a lot faster than clients realize.  It would be best to further break down your project into scenes.  

For example a recent client provided me a four page story, and that translated to about 7 pages of comic work.  That was with us trimming some things out/ cutting dialogue.

Expect to pay between $150 - $500 a page depending the artist, and I would advise against going with just the cheapest person.  Watch the artist.  For some comics are very daunting, so I would avoid paying all up front unless you really trust the person to get to work.  This is assuming you don't intend to make money from it, but if you do some may charge more if you intend to print and publish.

How you want to commission each page or in batches is up to you.  Personally, from experience, doing batches is easier to ensure everything flows together.  The client can then sit down and review a set of pages to make sure they like how the pages and dialogue flows, and characters look consistent.  

Before you commit to anyone I would suggest to shop around and ask questions.  Make sure how someone works is something that makes you feel comfortable.  Do they offer edits?  When do they offer edits?  Do they offer preliminaries?  Do they do scripting for you?  (Or do you have to provide scripts.)  Do they take payment plans?  Ect.  Don't be afraid to ask questions.  Someone who has a lot of experience working with large, long term projects will understand that clients are putting a lot of faith in them.

Unfortunately, there's not much you can do beyond going public.  (Please bear in mind not to post their name in this thread.)  The moment the claim started going south, the proper thing to do would have been to call Paypal.  They are much more efficient once you are talking to a live human being.  Your only other option is to file a chargeback through your credit card, but that's not possible if you didn't pay with a credit card.

1.  You can most certainly make a post on this person.  However, before you do that I would either set a deadline for completion or a deadline for a refund first.  It doesn't sound like they take commission work all too seriously (especially at that price), and you may be in limbo indefinitely unless you really put your foot down.

2.  The second one also is going to require an ultimatum.  Are they reading your notes at all or are they unread?  Either way, tell them communication needs to improve or you'd like a refund.

Also you left the artist's name in the second situation.  Please remember all posts are to be anonymous.

I absolutely would not.  They're attempting to guilt trip you to send over art that they knew they couldn't afford.  It's not your problem if they don't get it by Christmas.  Tell them no, stand firm.  Don't justify or argue with them.  Just tell them how much is due and leave it at that. 

On 12/1/2019 at 11:18 PM, theodor said:

Would posting in the general forum be okay then?

Sure!  That's a good idea. :)

7 hours ago, Nimblebutt said:

Looking back at the screencaps I have about 80, in which artist admits during original comission (which I paid for ages ago) they'd forgotten to finish certain things (and were supposed to here.)

Should I submit all 80 screencaps or? XD

Submit what's relevant and remove idle chit chat. 

Howdy!  Your post was in the wrong spot, so I went ahead and moved it.  All advice posts are to be anonymous, so the second post with the images in question was hidden.