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Selling bought art

DaniDangerPhD

New Member
So I've just read the policies and such for this site (I'm a novice to actual furry art SITES, mainly just stick to discord and twitter). It said that, when it comes to selling submissions (I assume this to be the art I have, in my case), I can only do it if it's user created or handcrafted. I have a lot of sonas that I want to give a good home to, but I only bought it, I'm not the artist. Does this mean I can't sell my sona art even if I credit the artist?
 

Raever

Chaotic Neutral Wreckage
Not on FA, but you can announce it and sell it on a different site or server.
There are artists who are fine with reselling - especially if you bought the art but made the character (as in - it wasn't an adopt).
There are other artists who (in the case of adopts) do not approve of reselling, but that's usually stated in the terms of service when you buy the adopt.
In short, you can sell your characters if you made them (and the art along with them per a different site) but if you're looking to sell an adopt...you may need to check with the artist.
 

quoting_mungo

Well-Known Member
So I've just read the policies and such for this site (I'm a novice to actual furry art SITES, mainly just stick to discord and twitter). It said that, when it comes to selling submissions (I assume this to be the art I have, in my case), I can only do it if it's user created or handcrafted. I have a lot of sonas that I want to give a good home to, but I only bought it, I'm not the artist. Does this mean I can't sell my sona art even if I credit the artist?
That policy doesn't take a stance on selling characters. It prohibits "flea market" type submissions, like if you were to take a photo of a storebought plush toy, a couple of DVDs, and a Funko POP figure and post that on FA to try to sell the items.

FA doesn't get involved in things like whether the artist approves of resales of characters, but it's an ass thing to do to not respect the artist's wishes if they said they don't want the character to be resold. You can still only post art of the character to your account with permission from the original artist and credit them in the description, regardless of whether you do it to sell the character or just to collect the artwork in one place.
 

ConorHyena

nazi hunter
You can always circumvent this problem entirely by selling the character itself and giving the art along for free. That way your not reselling the art itself.

From a legal standpoint this is somewhat more complex, however
You can still only post art of the character to your account with permission from the original artist and credit them in the description, regardless of whether you do it to sell the character or just to collect the artwork in one place.

This is basically the crux of the entire issue, because I'd disagree with this statement. It's come up in the past and I've had a look into this matter for the artist cooperative I work for.
The original artist (who creates the piece) basically licenses the commissioner to use it (usually non-commercially). The problem of this is that it's all done without a fixed contract or licensing format (most artists don't even use things like creative commons, etc) and thus, for gauging the legal ramifications of this issue, a recourse to customary law is undertaken, customary law in this context meaning 'social conventions', which, in the furry fandom, pretty much are that if you commission the art you can repost it but not use it commercially, and the artist can use your character and creative concept (which you've licensed to them too) to advertise for themselves. (This actually has ramifications in itself, but I'm going to exclude this for now for the sake of simplicity)

This all is in the shape of a sort of contractual binding and therefor non-dispositive contract principles still apply (e.g. you can't change the contract afterwards, in this case, the artist can't demand the commissioner not to upload and vice versa if it hasn't been cleared like that before)

In this case, by 'selling the art of a character' you're actually selling your license agreement (which is possible to a point under contract law) to another person. Since usually nothing is written down and the legal form of the license is not codified, there's essentially very little the artist can do against this from a legal point of view, aside from asking them not to do this.


EDIT: Forgot to add that this is an analysis of the potential legal situation and does not condone running roughshod over the wishes of creators when their creation is concerned.
This changes of course if there's breach of copyright (e.g. the seller or the buyer marks the art as his), but we're assuming this is not the case here.
 

Stray Cat Terry

테리 / 特里 / テリー
Koreans are mostly very sensitive to this kind, they all consider this not legit.

Kinda out of context, but in case of selling paid characters, it depends on the original artists. However, most of the time, it's like "Why would I sell mine to someone who ain't responsible enough to keep the characters, as they end up selling it to another?" and sometimes further, "It's a pain in the A to see my merch being sold at a higher price than when I sold it".

So.... yeah.


If that's me though, I wouldn't mind whether the buyer keeps my sold arts/characters or sell them. As long as they credit the original artist and don't claim it as theirs(per original artist context), all is fine. Because I've been paid for, it's no longer my business then. UwU
 

quoting_mungo

Well-Known Member
This is basically the crux of the entire issue, because I'd disagree with this statement. It's come up in the past and I've had a look into this matter for the artist cooperative I work for.
The original artist (who creates the piece) basically licenses the commissioner to use it (usually non-commercially). The problem of this is that it's all done without a fixed contract or licensing format (most artists don't even use things like creative commons, etc) and thus, for gauging the legal ramifications of this issue, a recourse to customary law is undertaken, customary law in this context meaning 'social conventions', which, in the furry fandom, pretty much are that if you commission the art you can repost it but not use it commercially, and the artist can use your character and creative concept (which you've licensed to them too) to advertise for themselves. (This actually has ramifications in itself, but I'm going to exclude this for now for the sake of simplicity)

This all is in the shape of a sort of contractual binding and therefor non-dispositive contract principles still apply (e.g. you can't change the contract afterwards, in this case, the artist can't demand the commissioner not to upload and vice versa if it hasn't been cleared like that before)

In this case, by 'selling the art of a character' you're actually selling your license agreement (which is possible to a point under contract law) to another person. Since usually nothing is written down and the legal form of the license is not codified, there's essentially very little the artist can do against this from a legal point of view, aside from asking them not to do this.


EDIT: Forgot to add that this is an analysis of the potential legal situation and does not condone running roughshod over the wishes of creators when their creation is concerned.
This changes of course if there's breach of copyright (e.g. the seller or the buyer marks the art as his), but we're assuming this is not the case here.
Yeah, I’m 100% not speaking about contract law or whatever, just about what is and is not permitted by FA’s rules. Agreements/contracts between commissioners and artists are between them, and FA doesn’t regulate those.
 
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