Beyond Redemption – Commissions: When You Pay for it, Isn’t it Yours?

Commissions: When You Pay for it, Isn’t it Yours?

I was chatting with someone about this and I just have to weigh in on it. First of all, the artist, purchaser, etc, will remain anonymous, and I assure you that it is NOT me. I, for one, have never had an issue with any of my artists, which is why I’m a repeat customer. My ladies, whom I lovingly refer to as “Kiki’s Angels” (Watches them strike a pose with guns n’ shit) are fabulous artists and even better friends and I know that when I seek them out for a commission, I’m going to be wildly happy. 😀

Now, back to the story. Basically, this is it in a nutshell: Someone I know commissioned art from someone and was completely dissatisfied with the transaction. First, after paying in full upfront, they never got a rough draft. That, to me, is outrageous.  If your commissioning something from someone, shouldn’t you get a draft before it’s colored so that you can approve the final project? In my experience, that’s when you let the artist know if you’d like any changes -before they spend time coloring it. And if you do want changes, you work together until the purchaser is satisfied. What is the point of buying art if you don’t like it?

Then, once the art was done, the artist didn’t notify the client. They simply posted the art to their public gallery without so much as a heads up. No note, or anything stating that the art was ready. Again, outrageous. If you’ve noticed, my commissions don’t appear on any of my ladies’ galleries. I let it be known from the start that what I commission is for my websites and I don’t want that work associated with any other site but mine. That’s what I’m paying for when I commission and they’re okay with it. 😀

When the client asked that the art be pulled since they bought it for a reason and not to be on display for anyone to take, use, etc. (like they do with so much created art that is tossed onto all of these sheezy art type sites), the artist balked and said, in so many words, that the art is theirs and that all artists do this.

By this, I mean accepting payment for art, but still retaining all rights to it, and being the one to decide whether or not it can be posted at all, including by the person that commissioned it.

o.O WUT?

So, the artist wants to accept payment for a commission, but still have the right to decide where the art ends up, still has the right to post the art wherever they like, and also have the right to decide if YOU, the person that paid them, can do something with the art?  GET BENT.

As the one that paid for the art, YOU own the art. Period. If you don’t want it posted anywhere, that is your right. The commission wasn’t cheap, so the argument about “I worked really hard and I want it posted on my site” doesn’t fly. The artist was paid for that effort, were they not? They didn’t turn on photoshop for free, now did they? If they accepted a fee, they are now drawing for a client, not themselves, and they do not own the art unless they plan to return the fee.

Imagine you’re the owner of a company and you pay an artist to design a logo for your business ad. Now imagine that artist telling you that your logo belongs to them and they want to put it in other places where it can possibly be used, and they also will let you know if you can use it in your ad. Hey, they may let you, they may not, but it’s up to them to decide.

Can you see the fucking absurdity in that?

I’ve been blessed with knowing some really fantastic artists. They’ve given me giftpics, allowed me to commission them, the works. I appreciate them to a ridiculous degree, not only because their talent is awing, but because they’re sharing it with me. When I receive art as a gift, I don’t bat an eyelash when they post it to their public galleries. Why would I? They gave me a gift and it’s not my place to make any demands of any kind. In fact, I post it, too, and sing their praises to anyone that will listen.

However, when I pay for it, that’s my art and I’m within my rights to ask certain things of them especially when those requests are not unreasonable. I’m not trying to claim their art as my own, and I credit every artist and graphic designer that I use on my websites. I never, ever attempt to take credit for anyone’s work. So if I ask that the art I bought not be listed in places outside of my network of websites, I don’t think there should be a problem.

So, I guess the moral of the story is that when purchasing, the buyer should work out everything to the last detail before laying their cash down. If the artist thinks the art is still theirs, even if you’ve paid them for it, that is an artist to avoid. If you don’t want your art posted in their private and public galleries, say so, and if they balk, walk away. It doesn’t make sense to shell out money for something that isn’t really yours, does it? Besides, there are a lot of artists out here that would appreciate a commission; you don’t have to settle.

  • 11 Comments

    • avatarInu Hanyou Nikkie says:

      That is NO Artist!! That is just some selfish spoilt child who wants wants wants and takes takes takes!! That is Fucking insulting to every single True and Honest Artist out there!! No this is a sham!

      *fumes and froths at bit*

      I make my pieces, my Gift pieces and in my view THEY belong to the one I make them for. End of story.

      I’ve gotten my two pieces and I got my drafts and the final images (including the actual original work sent to me).

      Get fucking bent over with firecracker up the ass!

      *growls*

    • avatarDa Grrrl says:

      Exactly, Nikkie. Exactly. What made me the most pissed off was that none of this was explained to the client beforehand. She simply posted the finished work without ever telling her it was done. By the time she saw it, 70 people had faved it already. Are you effin’ kidding me?

      Well, to update you, the fee was returned and everything is dead. But the artist kept insisting that every artist did it that way, so the client borrowed links to my sites to prove that that wasn’t the case. None of my commissioned stuff appears on the artists’ galleries or are associated with any other site. So that mess about everyone doing that is bullshit.

      Don’t be surprised if you hear something about this in the near future -we both know the buyer.

    • avatarAm says:

      Wow…thats EXTREMELY unproffessional on the artist’s part. And its rude! I mean, it’d be a little different if the commission was done for free, but this is basic capitalism: when you pay for something, its yours. What the artist did…its like walking into a store and purchasing an item on display, then being told you can’t even have it. It just has to say there for the rest of the world to see. Its ridiculous! What would be the point of even paying for it when everyone else can look at it, possibly even steal or alter it for free?

      I mean, while the buyer should have made some things clear beforehand, the artist’s response when a misunderstanding was brought to light (and even before–posting without warning, wtf?) was completely wrong. It makes them look like a novice and it makes them look ignorant (Everyone does it? I’m pretty sure that’s bull. The only thing I’ve seen close to that is artists posting commissioned work on devArt WITH a watermark and presumably, the buyer’s permission). I really hope this person got their money back. Thats SUCH a ripoff. WOW…

      Now…that having been said, I also wanna point out how much I LOVE your new “home.” The header art is gorgeous (*looks down* And so is Somerhalder! Yum!) Yash looks so mischiveous in it, like he’s gonna wink any second. And wordpress in itself is awesome. I never could figure it out (I used cuteNews), but I heard its really good for skinning websites. Anyway…hope all is well and that the CT isn’t giving you too much trouble. I’m just about to read the latest in TOTT, so expect to hear from me again soon! 😀

    • avatarmidnightwhispers says:

      Hmm… It’s a tricky situation, but personally, I think the person who commissioned the art was a little naive and trusting, and the artist – I use that term very loosely – behaved very badly. They should refund this person in full and apologise profusely – that’s if the person who commissioned them hasn’t already turned their name into mud everywhere they post, though they might just deserve it. But that’s just me…

    • avatarmagedelbene says:

      Actually, it is -at least in my dictionary- like when you buy a piece of ART saying a… Van Gogh? The Sunflowers (not even in my wildest dream I could afford it, but wish I could!). You are the owner, not the Met or the British Musseum. You can LET them use it in a restrospective gallery or sthg, through certain time. But it is yours, yours decision to lend it, yours decision if you like to lend it to that certain exposition. The Musseum won’t tell you -unless it’s under the contract when selling it an amount of rights of usage during the year- now that you own it, we will be the safekeepers and it will stay in our gallery but, you are the owner. The will ask your permission, that’s it.

      That artist will have great issues if someday she/he will become well-known outside DA. Because with a major company you don’t do as you please, for starters they have contracts -I know, I work in a major one. We are the owners of EVERYTHING. Heck, if they don’t ask for permission, written one AND with a lawyer writing it down, we don’t even allow them to show it at their site. Heck, we don’t allow it. Period. Moreover, if somebody does it without asking permission we sue. That’s it. So darling, that girl is dead meat in the real world. Trust me. I know, I’m a hunting dog with these issues. 😛

    • avatarDa Grrrl says:

      That’s EXACTLY what I told the client. She can’t decide that it can go into her gallery without question. She has to ask you if it’s okay. The artist actually went as far as to say that all the artists on DA do this and that they usually don’t let the buyer put it places, etc. Then, she changed her tune and said that the art did belong to the buyer, but she couldn’t understand why she couldn’t hang it in her gallery.

      By then, about 75 people had already seen/saved/faved the thing before the client ever even SAW it. There was never any notification or anything. It was completely unprofessional, and then, she told the client that she was the one being rude. o.O The refund has been issued, but the client, and rightfully so, is very sour over the entire thing. That’s why I buy my commissions from artists I know and trust.

    • avatarDa Grrrl says:

      Nope, it’s actually not tricky. Once you pay for something it’s yours. Once you create something it’s yours -as long as it’s not a commission. Take Eternal Destiny. All of the things I’ve done to make that place nice are my own ideas, my intellectual property, so to speak as well as the site itself. I wasn’t paid to create the place, so it’s mine, wholly and fully. However, if I made the place for someone that did pay me, I don’t have any true rights to it.

      She got her refund, but she’s disgusted and I don’t blame her. There are certain ways things are handled when you pay for them and she broke the rules. I actually encouraged her not to go public with names and stuff and to just walk away. After all, it’s not the same as when people steal from your site to create a lesser one. >.>

    • avatarDa Grrrl says:

      Hey Am!

      Welcome to the loft, lol. I’m glad you like it! WordPress is actually so much better than Xanga. It’s more customizable and I have more control over who can read mah shit because I have IP and name blockers and all sorts of goodies. It’s even got code words that I can add that will halt a post should they be used, thus disallowing a comment I may not want to be seen publicly. *kicks feet up* Oh yeah, the loft is good.

      The art was done by Mariapalitos68, whom I lovingly refer to as “Nee-chan”. I told her how I wanted him to look and she knocked it out of the park! She’s doing some more pics for me now, as well as my other nee-chan, Ilsa, who did the header art for my yaoi site. She just sent me the rough draft of my latest Human InuYasha and good LORD. Wait until you see it, lol.

      My friend got her refund, which I wholly encouraged her to take. After all, the exchange was ruined at this point. Nearly 100 people saw the commission before she did, and when called out for her lack of professionalism, the artist got upset and tried to turn the tables. Nope, take the money and leave her with her pic. That’s why I only hire artists that I know and are completely comfy with, and even then, I lay out my requests from the very start so that we’re on the same page. I’ve never had any problem with my ladies; we all respect each other a great deal.

      Feel free to drop in anytime. The bar is always open! 😀

    • avatarmidnightwhispers says:

      Yup! That’s true. If you pay for something it’s yours. Indeed, ED is most definitely your own creation, and why should you stand for other people ripping it off? Nobody paid you to do it. You own it, and you never ask anybody for a penny to maintain it. You do it because you love Inuyasha.

      Hmm… I’m tripping over my own tongue a little, trying to explain what I meant by “tricky”, but it’s more clear-cut when something has been bought and paid for. Though it’s been sold, there are some that would feel they still own it because they drew it, and they can show it in their gallery without having to seek the client’s permission. However, and I agree with you, since they don’t own it anymore, they’ve got seek the client’s permission to show it.

      I think I’d be pretty disgusted too… Oh, there are very definite rules, and in this case they have been well and truly broken. No, it wouldn’t be worth the hassle. But what happened to you is completely different, and certain people should most definitely get what’s coming to them…

    • avatarNeo.Anime.Haven says:

      wow!! I can’t believe that happened I would have been beyond pissed… heck the one artist I have commissioned we still have not got the slots opened, but then I’m short on cash at the moment, so it really doesn’t bother me..

      I can see a artist wanted to show the piece off, but I would only do that after I have talked the person buying it… if they say no don’t show it online then call it good.. if you want to show it in a portfolio then ask about that too.. If they say you can show it off.. at least put a water make completely over it so no one can use it…

      Speaking of which I need to update my DA account with a few works.. tootles!!

    • avatarDa Grrrl says:

      I couldn’t believe that happened, either! I was so pissed for her because she didn’t deserve that kind of treatment. But luckily she got her money back and she learned a lesson. I’m so finicky now that i don’t want anyone doing anything for me unless I know them fairly well. It’s just less trouble all the way around.

      Being on an art waiting list sucks. This person was on a list, too. She paid in full upfront and still waited 6 weeks to get her art just to have all of this happen. It was just a bad deal. >.<