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VosurAekira

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About VosurAekira

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  1. Alright. Let's sort out what detail is given in the article: 1. "Adoptables are characters that are created by artists, and then placed out there for sale." Okay. That just reiterates the mention that the character is sold. Not just the license-to-use is sold when purchasing an adopt. Usually it comes with a common-courtesy that the original artist is given proper credit due for the artwork, but that's a given to me. 2. "So the default, when there is no agreement and speaking in generalities, is that the artist is the holder of the copyright over the character from the moment of creation forward. 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." Given. If the character hasn't been sold, it only belongs to the artist. 3. "Also, I should point out…without terms defining the scope of the artist’s ability to revoke, a revocable-at-will license is exactly what it sounds like. 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." BIG problem here if this is the case: If the artist does choose to revoke the character license to the commissioner, then the said artist would have to compensate based off of the amount paid to use the character, plus what extra art was made. But to reiterate this with the line from 1. : "Adoptables are characters that are created by artist, then placed out there for sale." And I'm going to stress the words "characters for sale", not "license for sale". There is a difference between those two. So, if you make characters and intend to sell said characters, that's what an adopt is. If you intend to make characters and sell licenses to use the characters, it should be worded as "Licenses of Adopts for Sale" rather than "Adopts for Sale".
  2. I might have to disagree with a good portion of that, Celestina. When an adoptable is sold, it becomes a "This character now belongs to (insert name)" situation. When a commissioner has already had art made of the said character, attempting to revoke said rights of the character to that buyer would become a messy ordeal. I'll use myself as an example: If I were to buy an adoptable, then I have a full-fledged reference sheet made to the character along with multiple pieces of artwork, then the original artist comes along and no longer wishes for me to use the character, they gave up on the rights to the character when the money exchanged hands. They can, however, attempt to make a deal to purchase back the character and the art to compensate for the rights, but then the artists of the other artworks will need to be notified as well for proper-credit or removal-requests. To further on this, if I were to deny the deal, then that is where this would end. However, the artist who made the original adopt art can request the original art to be removed if I were to have uploaded that to my own gallery(-ies) through one-on-one contact or through the administration means.
  3. Ah, I thought you were mentioning about the timeline before December 6th to December 13th for the refusal from the start. I do agree that after that point would've been a blacklist/refusal-to-work scenario.
  4. While I'd agree with you pertaining to blacklisting after the issues of the first commission, it wouldn't be known about things from the start unless there's been a reputation going around. It wasn't until after the invoice was paid that his behavior started to show from the way it looks.
  5. Able to file the bank/credit-card chargeback if you used a credit card/bank for the source of money?
  6. I don't like how this is, but I think they're trying to pull one of two things: Not responding to get Bruma to forget about the possibility of the dispute/claim (waiting out the time) or to attempt to finish it if a dispute/claim arises to say "I did get it done! Here it is!" after Bruma mentioned that they are no longer wanting the commission due to lack-of-contact. If the second option and they show the proof via Paypal's Dispute/Claims communication and Bruma finds something wrong with the picture, BlindCoyoteArt may get Paypal to side with them.
  7. I would say it would be in your best interests to screencap what is being said and add that to the Beware.
  8. In this time of situation, I think it would be safe to create an Artist Beware. And that much is no small matter either. Collect the evidence if you can and show people what this artist has done. Sometimes even this may bring the artist to communicate with you in a public forum.
  9. Yeah, definitely get hold of paypal to find out what that tracking-number given was for (USPS, UPS, FedEx, ect.) and make mention that you were not provided this detail from the one in question.
  10. I probably should've asked this before, but the mention of the fraudulent tracking number... did he say what it was through? UPS, USPS, FedEx, or something else? And if you have that, did he list the from-address as well (which can be used to search for it if the tracking-number is off/missing)? If you have a complete without-a-doubt bad tracking-number and proof of it being such, that would definitely be useful to include to your proof to Paypal (along with links they can view as well).
  11. If you are able to, call Paypal directly and see if you can get the case reopened. Going through the automated system is less-likely to get you results.
  12. Did you contact paypal through calling them or did you use the automated system?
  13. From the way it seems, you've been more than patient enough for this person and give then an opportunity to finish along on top of that they snap back at you like that? It might be advisable to get the refund/dispute if you don't get the finished work by the 26th since their behavior indicates that this person does not want to do business with you.
  14. Definitely if you're able to, contact Paypal or your bank pertaining to the transaction for this. I wondered why I removed this particular artist from my watch list (used to watch them before, but now I don't), and I think it was a situation similar to this, so she may have done this to other people too.
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