TOS for ABlueDeer Art commission services    

By A_Blue_Deer, 6 years ago

Feel free to visit my webcomics site Dark Blue Comics
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Ref-sheet commissions journal HERE
Commissions TOS HERE

I'm aware this text still lacks some details and stuff, but just wanted to write down all I've learned so far that comes with offering art commission services. So I truly hope this text helps to you, Commissioners who hire my services, to have a more clear sight of what's allowed in my work and your rights as my clients.
The text is going to be changing according new things a learn of this job and the needs of each time. If you have comments or questions on this, don't hesitate to ask.

This is mostly a series of points to make perfectly clear for both parties (Commissioner and Artist) what's allowed and what not within the limits of my costumer service policies and everything involving copyright. Once the commission has been accepted and in procedure to be finished, by paying, you as the commissioner are agreeing to these Terms of Service and accept both your rights given in it and your restrictions.

1) Commission Procedure
Once there's a commission ongoing this is the order of actions to be taken:
a) The Commissioner will provide all information asked by the Artist in a very specific format. Such format will help to avoid any confusion with subject, design and quality of the art being requested and will help the Artist to give the proper pricing from the beginning. The commission will not proceed further until the right format is used.
b) All information regarding the commission should be sent by the Commissioner in at least 7 days from the day the commission was accepted. Any delay in sending the details without any explanation of why the Commissioner needs more time will cause the commission to be cancelled. The Commissioner should at least give during that time an aproximate of when the details are going be sent. Any lack of communication during that time is cause to cancellation.
c) With details received the Artist will draw a sketch according the given description and send it to the email address given by the Commissioner for approval. The sketch can be modified and corrected according to the Commissioner observations as long as the modification doesn't involve for the sketch to be completely redrawn from scratch (a full redraw request is one that: involves modifying anatomy and pose of a character entirely, switch one character for another, change the general subject of the picture, change entire clothing of one character).
d)In case a full redraw request exists, a new sketch will be provided by the artist, but the previous sketch will be charged as an independent commission with a penalty. If a second full redraw request exists, the second sketch will also be charged independently and the commission will be cancelled.
e) Until the Commissioner receives and approves the sketch preview, a payment request will be sent to the given paypal address accordingly. Before that the Commissioner is not allowed to pay unless a very urgent reason exists.
f) From the moment the preview sketch is sent, the Artist will have two weeks to finish a single commission piece of any quality (from digital sketch to full color). Return time for pieces of more than 2 characters and batches of more than one single commission will take more time accordingly.
g) The commissioner is not allowed to ask for further previews of the ongoing commission until full payment is sent. After that two more previews can be asked: lineart preview, flat color preview.
h) Once every previous stage is finished and full payment already done, the Artist will send a proposed finished version of the picture to the email address given by the Commissioner for a final revision. The Commissioner at this point can ask for modifications and corrections with restrictions regarding a full redraw request just like in c).

2) Causes of cancellation and public report
In case one of these actions are done by the Commissioner a cancellation of the slot will occur and in more extreme cases the fault will be made public.
a) In case a commission spot is requested but the Commissioner doesn't reply in any of the possible ways through email or notes during 7 days, the spot will be cancelled.
b) In case a preview sketch is sent to the commissioner but no reply is received in 7 days or the payment request for the ongoing commission is sent and no payment is sent by the Commissioner during 5 days, that's also cause for cancellation and a payment request for the individual sketch will be sent. If payment was already sent, it will be fully refunded less the price of the sketch previously sent.
In the given case that the Commissioner refuses to pay for the received sketch after cancellation, it's name will be displayed in public and will be banned for future commissions from me.

3) Responsabilities from the Artist
The Artist will commit to these points:
a) Be respectful and polite when talking to the Commissioner at any point of the ongoing commission no matter beliefs and preferences.
b) Deliver previews and finished pieces in the appropriate time, this being an aproximate of 2 weeks for commissions from sketch to full color up to two characters.
c) Have shorter delivery times for pieces won by auction.

The artist won't be responsible if an adult picture is requested by an underage costumer since there's no public access to the age information of the costumer on the site. The artist will always assume that the costumer had to report his/her correct age to the site when signing in and hencefort wouldn't be able to access adult content in the site such as the content being requested.

By paying for the adult commission the commissioner accepts that he/she is old enough to purchase adult products and content.

4) Regarding Copyright
As the creator of the artistic object, the Artist will give to the Commissioner the following rights:
a) You as the Commissioner remain with all rights over your character and I can't use it without your consent for further pictures without previous approval.
b) You as the Commissioner can display in public the watermarked picture anywhere you want. You can't display the not watermarked piece for that right remains with me as the creator of the picture. If you need a larger version of the watermarked piece, you're free to ask for it with me.
c) You're free to share with anyone the watermarked piece and the clean piece, as long as nobody else displays in public the clean version.
d) You can't alter the piece in any way without my approval. Any desire to modify it should be notifed to me before anyone else.

Me as the Artist remain with the following rights:
a) To share and display any version of the piece anywhere, giving proper credit of the character to you as the owner. Further credit of ownership can be asked whenever I want to display the piece.
b) To sell and use printed and digital versions of the piece as part of my personal portfolio as the creator of the pieces (portfolio is for us artists, like our curriculum vitae). Any use of such will be notified to you.
c) To use edited versions of the picture for publicity uses such as banners and ads.

5) Regarding payment and shipping
a) For standard payment of any digital or traditional piece, the Commissioner has two days to pay after receiving the Payment request sent from my personal Paypal account. In case that's not possible due to more urgent matters, the Commissioner will have to explain the situation and the time will be extended accordingly.
b) For traditional pieces the shipping price is not included in the price in case the Commissioner wants to own the original. Shipping price will be calculated according to the shipping method and the place/country where it has to be delivered.
c) Once an original piece is in course to your address and isn't in my reach, I'm not longer held responsible for the package. In case the Commissioner wants to hire an Insurance policy for the package, it must be paid along with the original shipping price.
18 comments

User replies

  silvador

#link     Posted: 6 years ago

 
eesh. Talk about making getting a picture drawn sound like a cold and merciless business merger or something. lol Not that I am complaining or saying anything is unfair. I totally understand the
reasons behind this. Just saying, the format kinda gives the whole thing one of those "no warmth signed contract" feels. *shrug*

I only have one question... Payment request? I'm not familiar with how that works. Is that like, just some kinda note requesting for payment or is it an actual payment type thing that Paypal has?
  abluedeer

#link     Posted: 6 years ago

 
I know how this may sound. But I've heard that some conflict have arose between artists and commissioners in the past. So I rather wanted to be clear on the rights of the commissioners and avoid abuse
on any of the both sides. I think is better that commissioners have a place where to search for answers in case there's a specific question.

In the end this is more beneficial for the commissioner than for me. So you can simply take it as a more formal way to commission me and stay assured nothing changes from my usual way of working on
commissions :)


Now, as for the payment request, is simply a way to avoid that old conflict/drama PP vs FA (you know what I mean ;) ). You simply give me your paypal account and I send a request from my own account.
You'll see in your account something similar to a "Store Ticket" with the amount to pay and if you have the needed funds in your account you simply push the "pay button" and done!

Of course I would let you know from where the payment request is going to come from and the proper subject it must have, so you'll be pretty sure that it comes from me and not some bandit :P

  silvador

#link     Posted: 6 years ago

 
I've heard of the whole PP v FA thing. Can't say I've ever run into it, myself, though. Does that pay request feature work with instant pay as well? I hooked my Debit card to paypal as a secondary
payment method which allows me to pay directly from my primary account without having to transfer money to paypal first. This helps avoid the 3-5 day wait for money transfers. :D
  abluedeer

#link     Posted: 6 years ago

 
I'm not sure how that works with Debit card but in the case that the payment request doesn't work we can always work out the payment the standard way. Not a problem there! :P
  tobiasamaranth

#link     Posted: 6 years ago

 
A friend had trouble 'wading' through these terms. While this version is very clear to me, and spells everything out, it's a challenge to read through and grasp. You should consider an umm, secondary
condensed version of this for those who aren't too concerned with the loopholes. Just so that, as above stated, it's not intimidating. Keep this one around, because it's good to have something that
you can point the problem-commissioner to and go "sorry, no can do", but for those who already know the drill, this can be worrying..? :3

That aside, there's a few clarity typos amidst it. 1d and 1e for example.
  tyfurischer

#link     Posted: 6 years ago

 
Actually, commissioning you was one of the most professional and awesome experiences
  abluedeer

#link     Posted: 6 years ago

 
Thanks!
That's exactly what I want. To commission an artist should be an enjoyable, transparent and professional experience for the commissioner. We sell ourserlves as professionals after all ^^
  tyfurischer

#link     Posted: 6 years ago

 
and you are. I appreciate it and I think those that are scared of such agreements have never signed for serious things before. This is pretty basic and protects everyone involved. And as a
commissioner, I like that you're detailed. I wouldn't want to keep coming back otherwise to work with you more
  icomeanon

#link     Posted: 6 years ago

 
-raises an eyebrow- this reads as a semi-legal thing that is almost an enforceable contract.
  abluedeer

#link     Posted: 6 years ago

 
I know it's not nice to find and read stuff like this. But here's all that there is. No hidden stuff that allows me to own your soul or order you to hand me down your firstborn.

In the past some artists have asked their commissioners to repost or even erase pictures done for them simply because the commissioners never knew what was their rights were. So I can assure you that
these terms of service help the commissioners more than they help me.

Also, there are a couple of points that help me in case a commissioner want to either: receive a sketch/design and run away without paying or reserve a commission slot and never even send the details
of the commission taking the spot from other people that may be really interested. But I think that's pretty fair since the relationship between Artist and Commissioner is based on trust and mutual
interest. I've never defrauded a commissioner before and don't intend to. Should I ever do something wrong to any commissioner, this same TOS will be here to clearly put the blame on me.

So, nothing really ugly here. Just wanted to be perfectly clear on what I'm allowed to do and what not, and what the commissioner is allowed to do and what not.
Also I'm open to suggestions here because I really really want to make sure that commission me is as transparent and professional as it can be ^^
  icomeanon

#link     Posted: 6 years ago

 
Oh, I wasn't criticizing or anything; it's just that I do more than a bit of this at work and so it reads as being...mostly there, if that makes sense? I think it's fine as it is, there are just some
things where (if it were an actual contract) I would reword.
  abluedeer

#link     Posted: 6 years ago

 
Interesting.
If you wanted give me some advise on those lines to make it more clear I would really appreciate it :P
  arabesque

#link     Posted: 6 years ago

 
Commissioning an artist always constitutes a contract. As to how enforceable it is, that depends on how clear the terms are. BlueDeer has the right idea here, the more clear things are, the less
likely there are problems later.
  svarta-perlan

#link     Posted: 6 years ago

 
you're awesome. I've commissioned a lot of artists and you remain one of the best, most friendly and awesome people to work with, EVER.

can't wait to work with you again!
  abluedeer

#link     Posted: 6 years ago

 
Thanks sweetie!
I really appreciate that you commission me everytime you can. I really enjoy drawing your character and ideas :D

As you say I'm really really trying to keep my work as professional as I can be ^^
  alty

#link     Posted: 6 years ago

 
I've commissioned you many times before and it's always an awesome experience!
  abluedeer

#link     Posted: 6 years ago

 
Thanks!
It's nice to know that I have frequent commissioners like you! I should also start a "Frequent Commissioner Rewards" program or something XD
  alty

#link     Posted: 6 years ago

 
That would sound awesome!