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About artist TOS
14 years ago
General
Ok folks. Time I said something about this. I'm probably going to catch flak for this, but here goes.
Alot of you artists who would get a commission from me, are losing my potential business due to one...VERY annoying flaw in your TOS.
The fact that you are, in some form or fashion, saying that the completed work is NOT owned by the person PAYING for the commission, but the artist.
Now, I understand you probably feel very VERY much attatched to each piece of work you create. But here it is. I'm paying for your skill as an artist to create what I am imagining, and for your style. BUT, I am also paying for the piece of work to be MINE TO OWN. I'm not paying you to make something for you. I paying you to make something for ME. And I, as the person PUTTING MONEY FORTH for said piece of art, should have every right to what can be done with that image. I'm paying you to do the work. I'm not paying you to own it.
I will not,. WILL NOT commission an artist who is going to take my money, and then say I have no rights to the image, and that will even SELL IT AS PRINTS. ESPECIALLY when it involves a personal character [I do intend to commission things that are not character specific at some point].
But I've been looking at artist whose styles I enjoy most, and been wanting to commission. But if I do, it will be MY image, to do with as I please. NOT the other way around.
There. I've ranted.
P.S. It dawned on me that you artists with this TOS are turning the concept of a commission on its head. Originally, when an artist was commissioned for a piece of art, it was a physical, painted/drawn piece of art that was one of a kind, and once given to the commissioner, couldn't really even be touched by the artist unless they bought it back or somesuch, and the commissioner literally owned that piece of work the moment it was handed to them. Just because it is digital and therefore easier to copy and hold on to, doesn't mean the original concept should be torn assunder.
Alot of you artists who would get a commission from me, are losing my potential business due to one...VERY annoying flaw in your TOS.
The fact that you are, in some form or fashion, saying that the completed work is NOT owned by the person PAYING for the commission, but the artist.
Now, I understand you probably feel very VERY much attatched to each piece of work you create. But here it is. I'm paying for your skill as an artist to create what I am imagining, and for your style. BUT, I am also paying for the piece of work to be MINE TO OWN. I'm not paying you to make something for you. I paying you to make something for ME. And I, as the person PUTTING MONEY FORTH for said piece of art, should have every right to what can be done with that image. I'm paying you to do the work. I'm not paying you to own it.
I will not,. WILL NOT commission an artist who is going to take my money, and then say I have no rights to the image, and that will even SELL IT AS PRINTS. ESPECIALLY when it involves a personal character [I do intend to commission things that are not character specific at some point].
But I've been looking at artist whose styles I enjoy most, and been wanting to commission. But if I do, it will be MY image, to do with as I please. NOT the other way around.
There. I've ranted.
P.S. It dawned on me that you artists with this TOS are turning the concept of a commission on its head. Originally, when an artist was commissioned for a piece of art, it was a physical, painted/drawn piece of art that was one of a kind, and once given to the commissioner, couldn't really even be touched by the artist unless they bought it back or somesuch, and the commissioner literally owned that piece of work the moment it was handed to them. Just because it is digital and therefore easier to copy and hold on to, doesn't mean the original concept should be torn assunder.
The artist deserves rights and credit for being, you know, the artist, but I think with commissions there needs to be a balance and some sharing in order to be fair. To me it's reasonable for the artist to have it be part of their portfolio and show it off as their work, and by the same token it should be fair for the commissioner to show it off as their commission, provided both credit the other appropriately.