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Commissioning Policy
14 years ago
For the most part I usually agree too the policies that the artist sets forth, otherwise I wouldn't agree to commission them. However, due to some issues that just keep popping up, I have set forth this document to help explain my requirements for the artist and myself (the commissioner) to have a contractual agreement.
UPLOADING IMAGES TO GALLERIES/DUMP SITES:
If you intend to upload the commission to your own gallery(s) please do, I prefer commissions not be censored/blurred/etc but if you absolutely will only upload if that is the case, then so be it. If you choose not to add "recognition" then do not upload the image. Commissions that I pay for (if I am the sole financer) may only be uploaded publicly if they include "recognition" aka a form of commission stamp, defined later. I have no intention of claiming artistic ability of anyone and want only recognition for paying for the work. Do not post versions/stages/examples of the commission without the stamp, in public galleries. I also will not upload without this Stamp.I retain the right to upload art I pay for, in part or whole, to galleries under accounts I own. This will normally be accounts named Ssvanti. I also retain the right to allow persons who's characters are also in art I commission, to upload those pieces to their galleries - unmodified, as gifts. If there is a keyword or tag system on the site you are posting too I ask that you DO properly mark the work. IE Ssvanti Iksar Lizard. Do not use Dragon as a keyword/tag for Ssvanti. If you are uploading to a gallery where race is a preset option, please select lizard or lizardman, if Ssvanti is the only character in the work.
IMAGE PACKS, CDs, PRINTS and PORTFOLIOS:
I really don't care if you, as an artist want to include the images I pay for, in your portfolio(s) or sell them in manner of Image Packs, CDs or Prints. I'm not looking to make money off the images. I only retain the single requirement that "recognition" be present on the image you sell. Feel free. Keep in mind though, any copyrights the characters in fanart I commission that might pertain.
If there are other people's characters included in the work that I commission, you, as the artist/seller, must get the permission from the other character holders to include the piece in your Image Packs, CDs and Prints. If you need help with this, I can assist.
SIGNATURES and STAMPS:
Please include your signature or name as the artist on the commission itself, I very much want every artist to receive ALL due credit for their talents and help drive more people to your galleries.
The "recognition" or stamp to designate me as the commissioner itself is pretty much up to you. It must included the name Ssvanti. Optional text is highly recommended such as the words "commissioned by", "For", "Sponsored by" or something to that effect.
If the Tattoo on Ssvanti's chest is not visible in the work, then the tattoo itself is a requirement as part of the "recognition".
I have some examples you may use if you don't want to make one yourself to match the work. It does not have to be very large, it can in fact, be fairly small. I don't want it to detract from the image per say, however please put it in an area that will not be very easy to modify.
If you already add the caption "Character Ssvanti", "Commissioned by Ssvanti" or "for Ssvanti" in the image the only thing you would be missing would be the tattoo symbol, just tag it right after "Ssvanti" and it can be the same size as lower case letters.
Grisser Made a few in different colors for me as well. I merged the red and black to make a couple options as well:
http://dl.dropbox.com/u/10565377/St.....RedonBlack.png
http://dl.dropbox.com/u/10565377/St.....lackInside.png
I made this one using a font
unshackledfenrir linked me too to show what I meant by just adding the tattoo symbol to a text only reference on the image.
http://dl.dropbox.com/u/10565377/Stamp/RedText.png
More examples will be made available, and once I finally commission a full professional stamp I will make it available as well, as an option.
The "recognition" should not be put on hi-res digital files kept by the artist or the commissioners as personal/private copies, as well as any real media. Only publicly displayed versions should contain the "recognition".
Why do I want the stamp? Because several artists offered it as a suggestion, the concept was not mine originally. In fact most artists I deal with have absolutely no problem with it. One of the bigger reasons for it, is these dump sites where idiots don't know how, or just plain refuse to tag images properly. Well, they also don't place the source of the original file either.... Additionally there are a few groups of pay sites out there that steal free art, commissioned art, and gift art off galleries and then upload them on their servers for people who pay them. I call BS on that.
WORKS IN PROGRESS AND GETTING FINAL APPROVAL:
If you post works in progress on a public gallery like sofurry or furaffinity for me to view for approval, I expect the "recognition" to be on it, yes even progress pics get on dump sites and even pirated to pay sites. I'm not saying don't post progress pics, but I do have my preferences too. Anything sent privately does not require the "recognition".
If you are finished with the image send it to me PRIOR to posting in your gallery, do not post it with "I hope you like", or "Let me know if anything needs changed" it's just very.... well lazy and not very professional. If you need a space where you can upload and deal with revisions/share work or just get feedback online, I can provide you with several options, ALL of which are free. I personally only really want the final approved version up in public galleries. Line art is awesome for scrap galleries.
PAYMENT TERMS, PAYMENT METHOD, PAYMENT REFUND
I only pay using paypal. My preference is pay in full upon completion (this allows me the option of adding a tip for work well done into the one time payment), however, based on the artists established reputation I will also pay partial price up front (not to exceed 50% of total price), usually after a sketch (for confirmation) has been presented. Some artists prefer to break the payment into many parts, a slot reservation, and then continued %'s as each stage moves to the next, outline - sketch - lineart - ink - color - shading - final. I am fine with that as well. The types of commissions I pre-pay in full would be where there is only one version of the image done IE, ironartist, a sketch, and on case by case basis with artists in good reputation.
If I prepay any amount for work, and work is not timely, payment terms will be re-negotiated. Normally I will allow for upto 3 months for a full color piece to be finished from the time It's committed too. At this juncture another 3 month period may be granted. After that the option to cancel the commission may be sought.
Refunds - If I prepay any amount to an artist, and the artist decides to cancel the commission after 3 months of payment, Interest will be assessed in the amount of 1half percent of the total amount paid, per month the artist had the money, rounded UP to the next whole month. For this purpose 1 month = 30 days. IE if you were paid $100.00 for a commission and cancel on the 91st day after receiving payment, you would be assessed .005x100.00 = 50cents per month x 4 = $2.00 for this particular example. The artist also will cover all fee's imposed by the payment service.
If I cancel the commission, no interest will accrue.
In the event artwork was produced to some extent the artist and I will discuss and agree to the amount of $$ to cover work performed. I have no intention of leaving work unpaid.
COMMUNICATION
This is probably one of the biggest issues I have experienced. As we are making an agreement, your service in rendering an image for me, and me paying for that service (sometimes to include a physical copy of the work) I fully expect to be kept apprised of the status. This does not mean I will hound you, far from it. I normally won't inquire on status until 90 days from payment, inquiring again 180days, after that I may inquire monthly or even bi monthly. If you rather me not inquire, then you should shoot me updates with information /sketches/etc on the status. Things like loss of internet, trips, financial hardships, school, etc are understandable, just tell me please.
UPLOADING IMAGES TO GALLERIES/DUMP SITES:
If you intend to upload the commission to your own gallery(s) please do, I prefer commissions not be censored/blurred/etc but if you absolutely will only upload if that is the case, then so be it. If you choose not to add "recognition" then do not upload the image. Commissions that I pay for (if I am the sole financer) may only be uploaded publicly if they include "recognition" aka a form of commission stamp, defined later. I have no intention of claiming artistic ability of anyone and want only recognition for paying for the work. Do not post versions/stages/examples of the commission without the stamp, in public galleries. I also will not upload without this Stamp.I retain the right to upload art I pay for, in part or whole, to galleries under accounts I own. This will normally be accounts named Ssvanti. I also retain the right to allow persons who's characters are also in art I commission, to upload those pieces to their galleries - unmodified, as gifts. If there is a keyword or tag system on the site you are posting too I ask that you DO properly mark the work. IE Ssvanti Iksar Lizard. Do not use Dragon as a keyword/tag for Ssvanti. If you are uploading to a gallery where race is a preset option, please select lizard or lizardman, if Ssvanti is the only character in the work.
IMAGE PACKS, CDs, PRINTS and PORTFOLIOS:
I really don't care if you, as an artist want to include the images I pay for, in your portfolio(s) or sell them in manner of Image Packs, CDs or Prints. I'm not looking to make money off the images. I only retain the single requirement that "recognition" be present on the image you sell. Feel free. Keep in mind though, any copyrights the characters in fanart I commission that might pertain.
If there are other people's characters included in the work that I commission, you, as the artist/seller, must get the permission from the other character holders to include the piece in your Image Packs, CDs and Prints. If you need help with this, I can assist.
SIGNATURES and STAMPS:
Please include your signature or name as the artist on the commission itself, I very much want every artist to receive ALL due credit for their talents and help drive more people to your galleries.
The "recognition" or stamp to designate me as the commissioner itself is pretty much up to you. It must included the name Ssvanti. Optional text is highly recommended such as the words "commissioned by", "For", "Sponsored by" or something to that effect.
If the Tattoo on Ssvanti's chest is not visible in the work, then the tattoo itself is a requirement as part of the "recognition".
I have some examples you may use if you don't want to make one yourself to match the work. It does not have to be very large, it can in fact, be fairly small. I don't want it to detract from the image per say, however please put it in an area that will not be very easy to modify.
If you already add the caption "Character Ssvanti", "Commissioned by Ssvanti" or "for Ssvanti" in the image the only thing you would be missing would be the tattoo symbol, just tag it right after "Ssvanti" and it can be the same size as lower case letters.
Grisser Made a few in different colors for me as well. I merged the red and black to make a couple options as well:http://dl.dropbox.com/u/10565377/St.....RedonBlack.png
http://dl.dropbox.com/u/10565377/St.....lackInside.png
I made this one using a font
unshackledfenrir linked me too to show what I meant by just adding the tattoo symbol to a text only reference on the image.http://dl.dropbox.com/u/10565377/Stamp/RedText.png
More examples will be made available, and once I finally commission a full professional stamp I will make it available as well, as an option.
The "recognition" should not be put on hi-res digital files kept by the artist or the commissioners as personal/private copies, as well as any real media. Only publicly displayed versions should contain the "recognition".
Why do I want the stamp? Because several artists offered it as a suggestion, the concept was not mine originally. In fact most artists I deal with have absolutely no problem with it. One of the bigger reasons for it, is these dump sites where idiots don't know how, or just plain refuse to tag images properly. Well, they also don't place the source of the original file either.... Additionally there are a few groups of pay sites out there that steal free art, commissioned art, and gift art off galleries and then upload them on their servers for people who pay them. I call BS on that.
WORKS IN PROGRESS AND GETTING FINAL APPROVAL:
If you post works in progress on a public gallery like sofurry or furaffinity for me to view for approval, I expect the "recognition" to be on it, yes even progress pics get on dump sites and even pirated to pay sites. I'm not saying don't post progress pics, but I do have my preferences too. Anything sent privately does not require the "recognition".
If you are finished with the image send it to me PRIOR to posting in your gallery, do not post it with "I hope you like", or "Let me know if anything needs changed" it's just very.... well lazy and not very professional. If you need a space where you can upload and deal with revisions/share work or just get feedback online, I can provide you with several options, ALL of which are free. I personally only really want the final approved version up in public galleries. Line art is awesome for scrap galleries.
PAYMENT TERMS, PAYMENT METHOD, PAYMENT REFUND
I only pay using paypal. My preference is pay in full upon completion (this allows me the option of adding a tip for work well done into the one time payment), however, based on the artists established reputation I will also pay partial price up front (not to exceed 50% of total price), usually after a sketch (for confirmation) has been presented. Some artists prefer to break the payment into many parts, a slot reservation, and then continued %'s as each stage moves to the next, outline - sketch - lineart - ink - color - shading - final. I am fine with that as well. The types of commissions I pre-pay in full would be where there is only one version of the image done IE, ironartist, a sketch, and on case by case basis with artists in good reputation.
If I prepay any amount for work, and work is not timely, payment terms will be re-negotiated. Normally I will allow for upto 3 months for a full color piece to be finished from the time It's committed too. At this juncture another 3 month period may be granted. After that the option to cancel the commission may be sought.
Refunds - If I prepay any amount to an artist, and the artist decides to cancel the commission after 3 months of payment, Interest will be assessed in the amount of 1half percent of the total amount paid, per month the artist had the money, rounded UP to the next whole month. For this purpose 1 month = 30 days. IE if you were paid $100.00 for a commission and cancel on the 91st day after receiving payment, you would be assessed .005x100.00 = 50cents per month x 4 = $2.00 for this particular example. The artist also will cover all fee's imposed by the payment service.
If I cancel the commission, no interest will accrue.
In the event artwork was produced to some extent the artist and I will discuss and agree to the amount of $$ to cover work performed. I have no intention of leaving work unpaid.
COMMUNICATION
This is probably one of the biggest issues I have experienced. As we are making an agreement, your service in rendering an image for me, and me paying for that service (sometimes to include a physical copy of the work) I fully expect to be kept apprised of the status. This does not mean I will hound you, far from it. I normally won't inquire on status until 90 days from payment, inquiring again 180days, after that I may inquire monthly or even bi monthly. If you rather me not inquire, then you should shoot me updates with information /sketches/etc on the status. Things like loss of internet, trips, financial hardships, school, etc are understandable, just tell me please.
Glad to know your ethics are worth as little as two dollars.
Luckily it's not something I've ever had to enforce, and depending on other people's ethics, I shouldn't need too :D
The function of the One is now to return to the Source, allowing a temporary dissemination of the code you carry, reinserting the prime program. After which, you will be required to select from the Matrix 23 individuals - 16 female, 7 male - to rebuild Zion. Failure to comply with this process will result in a cataclysmic system crash, killing everyone connected to the Matrix, which, coupled with the extermination of Zion, will ultimately result in the extinction of the entire human race. There are levels of survival we are prepared to accept. However, the relevant issue is whether or not you are ready to accept the responsibility of the death of every human being on this world. It is interesting, reading your reactions. Your 5 predecessors were, by design, based on a similar predication - a contingent affirmation that was meant to create a rofound attachment to the rest of your species, facilitating the function of the One. While the others experienced this in a very general way, your experience is far more specific - vis a vis love.
Which brings us at last to the moment of truth, wherein the fundamental flaw is ultimately expressed, and the anomaly revealed as both beginning and end. There are two doors. The door to your right leads to the Source, and the salvation of Zion. The door to your left leads back to the Matrix, to her and to the end of your species. As you adequately put, the problem is choice. But we already know what you are going to do, don't we? Already, I can see the chain reaction - the chemical precursors that signal the onset of an emotion, designed specifically to overwhelm logic and reason - an emotion that is already blinding you from the simple and obvious truth. She is going to die, and there is nothing you can do to stop it.
Alternatively, if you want to try to write in a pretentious, technical way, spiff up your grammar. 21 errors. Want them counted out?
Your character is literally so bland it just blends in to all the other crap on here.
I could see hard feelings over an artist taking someone's money and then trying to skim out with it. Or taking years to complete and not keeping in contact.
so in a sense I am glad I got linked here, especially since it would save me heartache of dealing with commissioner requests AND policies on the same day
My guess is that ( aside from your posts on Artist Beware) you had too many bad transactions and you are basically taking it out on artists by making this which in the end gives off the vibe that you really don't trust them. Don't let the past dwell on you this much, I doubt future transactions are going to be pretty because of this.
Also I fail to see how it is unprofessional and lazy if an artist gives you with a WIP saying "I hope you like it" or "Let me know if you need any changes". It is not unprofessional and it's ESPECIALLY NOT lazy if an artist main concern is if a customer likes what they did for you or if they want you to point out any mistakes they could have made. Especially the last part-- if they aren't supposed to say 'Let me know if you need any changes' then what exactly are they supposed to say or do in that situation? Are they supposed to just NOT show you the WIP, get it finished and then it is something that you didn't ask for or it has a crapload of mistakes? Any artists who shows concern like that would get an A in my book, it would show they care about pleasing their customers. But I am sure no matter how much you try to explain it, it won't make sense to me.
Not trying to start something, just giving my two cents.
Actually I appreciate you stating your flawed logic. Helps me write you off early, rather than running into issues later on after it's almost impossible to reverse the transaction. Sounds to me like the ToS is working perfectly! Another possible bad experience avoided like that! But honestly it's not like I would ever commission you anyway, your ToS already states no porn. You killed the opportunity before I even needed you to read mine. Hell I even went through your gallery and your scraps just to see, and sure enough... no penis. You don't draw nudes either. You have a nice "style" though. If I was ever in the business of clean art? I would have probably given you a shot.... well I would have.
Though, thanks for also assuming this was still my standing policy. You read one of my beware posts and followed links provided well OVER one year ago to an artist when this policy was actually in effect. Those bewares were posted for a reason after all, you know the artist taking YEARS to complete work? I've since learned easier routes to remove the risk associated and if you bothered to look up my newer policies, you'd have also figured out that essentially commenting on this outdated attempt at protecting myself and informing the artist of my requirements was not only unnecessary but also a good indication of how well you look into something before judging someone. Awesome.
The artist and the client must agree on the terms before the "contract" is made. Alot of commissioners simply don't understand they have the right to say "no" and "I'll accept but these items will be changed as such:" I've merely put my requirements in a very accessible place where I can shoot the artist, before we even start talking "concept" as there's no point if there will be no agreement. So your "Some artists will be glad to make exceptions if you talk to them about it" is exactly what's done here, instead of beating around a bush and dragging unnecessary conversation out, it's presented wholly, to waste less of "both" our time.
As I've stated before I've had ONE single commission turned down for requiring an artist to agree to my terms in addition to me agreeing to theirs, and it was an icon commission. I'm really not sweating it, nor have I. If you care to look at my actual "current" policy it's located at http://www.furaffinity.net/journals.....i/#jid:3376064 just as posted on my user page. You'll note it's fairly short, to the point and spells out things alot of artists don't bother stating, but for purpose of simplicity I ensure the artist understands.
I'm really shocked people still carry opinions like yours on the ideal of the commissioner making their own policy to ensure nothing is miscommunication and that all terms are spelled out so there is no heartache later when things don't run smoothly, as they should.
On the note of Lazy, it is lazy for an artist to make a wip and just load it up into their gallery then move on. They need to "contact" the commissioner for one, tell them it's available for viewing. You don't just assume that the commissioner is going to be F5 spamming your gallery/scraps waiting for their WIP to be uploaded. It's also more professional for the artist to keep the WIP private, it's a WIP, so posting an image (very likely with errors) just gives the incorrect image time to make it through all the dump sites, and tour the internet while the corrections are waiting to be realized and made. I'm guessing here that you either completely bypassed that part and read that "WIPs are lazy..." which is not what I said. Last note on that issue, I specifically said I don't want Wips roaming the internet. I want only the final approved piece public. That alone means it's unprofessional for the artist to still post the WIP until I've approved it for publication, it's called NDA and yes, you accepted that NDA when you took the money.
I do encourage you to discuss this with any lawyer, PA, Judge, or any student working toward their Law degree. Don't even need to reply honestly, I already expect the multitude of replies of "oh I am a law student" or "I asked my close personal friend" blah blah blah and you never did. Just ask for yourself. I've already researched it, I've already seen it in practice and I already discussed it with several people who were between studying for a degree and having sat on a bench for over 15 years. I know I have the legal backing. I don't need you to question it, just go ask for yourself and be humble with actual answer that you receive.
Even if this was posted over a year ago, you didn't make a effort to delete it, it's still public and thus anyone has the right to comment on it. If you don't want people to mistake this as your current terms of service you need to state in big bold letters that this is an old TOS and it shouldn't be taken seriously -as I don't really HAVE to browse through your journals to find a current one and people on A_B already spoke their minds to you about it, so I would think you would try to make it more clear. I am sure you don't want to delete it due to the Artist Beware article, and even then you could always take a screenshot of it. I honestly didn't realize this all took place over a year ago until after I posted but my point still stands.
Also, my art and what I decide to draw is completely irrelevant to anything and completely unnecessary to mention. I really don't care if you commission me or not, or make a big deal because you stalked my entire gallery looking for a penis. That just comes off as sort of a attempt to offend someone because they don't agree with your ToS and I don't understand why you feel the need to go "Well I am not going to commission you, so there." to anyone who simply questions like it really matters. I wasn't looking for you to commission me, I just giving my two cents. Just because I am a member of this website doesn't mean I am going to draw something that I am not comfortable with posting just to please people. If you want to see genitals so badly, there are PLENTY of artists here that would be happy to do that sort of thing for you if your ToS doesn't turn them off.
You can't really group a bunch of artists into one category because they don't necessarily agree to your terms,and just assume the experience would have been bad because one or two artists done you wrong. That's not avoiding a bad experience that is just turning peopleaway, and I don't think that is a good thing. It is rather unfair to a legit artist who might not agree with your terms but was willing to work something out with you. It isn't my fault if you really don't want to 'waste your time' talking to an artist to make sure everything is 100% in order, I was just throwing that out there.
You seem to be making a lot of assumptions what people might and might not do. I am not even going to waste my time trying to discuss this with a lawyer since I am sure lawyers have more important cases to deal with especially where I live and I got better things to do than try to contact a lawyer for something over a furry website. Don't just assume that I am going to give you a 'I asked a close person friend' and 'I am a law student' argument either. I wasn't even trying to discuss anything legally because I really don't care that much. Like I said, I am not trying to start something. I gave my two cents and you gave your two cents, so agree to disagree. I am not taking this conversation any further.
Yes it was posted over a year ago, Clearly dated here, clearly dated in the artist beware, the fact you and quite a few other people failed to realize it boggles my mind. The old policy doesn't get edited to keep it's legality, if there's an "edited" line on it, that's kind of fishy hmmm maybe he's changing his policy on the fly???? NO thanks, I'll post it then when it needs changing I post the new one, conveniently linked of the user page at the top, so no need to dig through journals. The old ones STAY, I still have outstanding art under these ToS and those artists need to be able to find the agreement they made. Screenshots are too easy to fake, edit or modify. The journal on a system I can't modify is fine for the legal purposes I need it.
No you are the one saying you wouldn't let me hire you, I just wanted you to you know, that I did bother doing the research before I just shot you a nasty gram in reply. I honestly would not commission you, so there was no point in you posting you'd never let me hire you. It's irrelevant. LOL stalked your gallery, no you came here, left you pompous commentary, then waltzed off. I called you on it, I merely checked your gallery out, looked for anything I might commission, found nothing, read your ToS, found a few things I'd definitely have to chat about before agreeing to anything, then realized, hey no point. I wouldn't hire you anyway. It's not me snapping back, I'm being openly honest. I've turned ALOT of artist down for not drawing dick. It's what I commission.
I'm not grouping a bunch of artists into one category. I'm grouping a bunch of people, regardless of talent/job/education/age/gender/religion, based on some idiotic comments they made on some artist beware posts, going off topic and guffawing at the fact I had a ToS of my own. Your as entitled to your opinion as I am to mine. Not changing yours? Then why bother replying? You came here, you refuted my stance, which is legally sound and totally within my right. But you refuse to actually research, or see that my having a ToS so long as it meets all applicable laws, is actually more beneficial to the commission process as it removes doubt/uncertainty and defines many things usually forgotten. You may not personally agree with some of the items in it, but seriously If I'm not commissioning you anyway who cares? Well you do apparently. That's why you came here and posted this malarchy. I sures the heck didn't ask you for your "entitled to post in your public journal" opinion did I? But I also didn't post asking for people not too. That's why I'm not just hiding your posts.
Lol I'm turning people away am I? HAHA one in 4 years, yes sooooo silly of me. Let me wipe the tears away.
Right you only care enough to spot your 2 cents here on an outdated ToS, you don't care about the legality or the fact you proved my point beyond any doubt. Very good, and there's the "I'm not replying anymore, I've crossed my arms and made a sour-face expression" stance. I did not see that coming (sarcasm off).
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