Actually while nonconstructive to my point, quite the opposite!Ā
Unless signed for in pen or digital signature weather that be an āI agree by these termsā statement or a signature in whole, the client doesn't actually own the rights to the piece of art.Ā
While the design of the character may in full rights be property of the commissioner/ owner, the art in fact still belongs to the artist itself, each and every piece. It is at the discretion of the artist(s) to grant permission to the buyer to use said piece however they wish.Ā
Just like an adoptable, we use an honour system, paying money toĀ ābuyā these characters. And just like commissioned work, unless signed for in some way through legally binding contract - it does not grant you rights to it. In a sense when people sell adoptables, they are āpermanently loaningā the character out.
Every law in every country is different, it gets messy there but in the end, rights go back to the artist. Feel free to correct me if Iām wrong, Iāve dabbled in a lot of copyright and Iāve also dealt with a lot of adoptables. Iāve had to challenge people for my work when itās been misused in some cases and Iāve been supported by these claims.
I personally donāt care how my work is used, reposted, maybe not too keen on having people sell it for profit on mass produced merchandise, but I donāt have the energy to chase after every person. Iām very relaxed aboutĀ āre-homingā andĀ āreuseā personally which is this case here. This client isnāt trying to make a profit off of their character either, they are simply seeking financial restitution for years and moneyās worth of investments which probably donāt come close to adding up to the amount of money they personally paid for the sum of their collection.
It is on the buyer for not seeking permissions from each individual artist they purchased from, and thatās where people are trying to berate them. I donāt think witch-hunts and cyber-bullying, name-calling is going to help deal with this though.Ā
Itās generally common knowledge that when someone buys an art piece, they will ask to re-post, re-use, and show it off and that helps provide advertisement for the artists they commission. This person merely wants a return on the money they invested on a character they will no-longer use.
This is just my two cents on the matter, there are so many layers to commissioned art, itās not all going to be black and white. So jumping the gun and calling someone out, amassing a herd to attempt to cyber-bully them in favor of your views and opinions is no way to handle a situation - right or wrong.
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