Terms of service update - selling traded designs

Posted 2 years, 1 month ago by bratblush

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I've decided to adjust my TOS, I have been thinking about this for a while and trying to decide what to do. I want folks to be able to maintain the value of their characters, even if they are traded. My main reason for this rule in the past was due to folks just making up the value of the traded character and hella profiting off my work which just... is really shitty and unfair to me. However, at the end of the day this is a very small number of folks who will probably just do it anyways regardless of my TOS (hence my ever growing blacklist.. rip)

So moving forward you will be able to sell designs that were received in a trade. PLEASE read over this carefully if you are selling traded designs so you have a full understanding of what is ok and what is not! As the creator of these designs I am asking all of you with designs by me to please respect my wishes. If you do not want to follow these, simply just get a design from someone else. there are tons of other design artists with different rules than me!

So....

You MAY sell a design received in a trade for the original value of the character

I've recently experienced someone trying to justify charging more for the design because the design they traded it for was worth more. This is NOT how this works. To explain this, character A is worth $75, and is traded for character B which is worth $100. Character A is not suddenly worth $100, it still must be sold for the original price of $75.

Extra artwork may factor into the price, please just follow exactly what the art was worth. Do no guess and make up numbers, if you are not sure ask the artists of the pieces how much they were commissioned for.

If you have any questions feel free to ask!

Comments

pawrker

hi there! i'm so sorry for the bother, i just had a quick question!! i have this design of yours that was originally sold for $79, but it shows later in the logs that it was monetarily sold for $120 (+ art). would it be okay to sell for the most recent $120 price, or would i only be allowed to sell for the og $79?

bratblush

you can honour the price that includes the value of the artwork!! so $120 :3

pawrker

awesome, thank you so much :D!!

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bratblush

$100!

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Arioxa

What if it's the opposite way around? For example, you're the person with the lower-value character (let's say 75 like in your example) and you swap them for a character that's worth 100. Is the character you now own still worth 100, even though technically in the trade you only "paid" 75 since the traded character was worth that much?

bratblush

in that case i would say it’s still worth $100 and just honour the original price it was sold for!

Arioxa

alright thank you!

vexwyn

Heio I need some clarification regars this! Someone trade me a character on profile was named to be worth $200, i think that came from additional artwork put on it. I also too added artwork for the said character, they worth are now the said value with my additional art or does it reset to be ONLY the artwork I have put on it?

bratblush

the extra art you do would be an add-on to the existing $200 value!

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bratblush

uhhh i wanna guess around $70?

HyenaHymns

To confirm: if I received a design from you that was valued at $100 via a trade, and then bought a $20 icon of them, I would be able to sell for $120, right?

Does this also apply to artworks the owner makes themselves? If I were to make an art piece of the OC I received in the trade that I valued at $50, would I be able to sell for $150?

Just want to make sure I totally understand. Thanks!

bratblush

Yes absolutely!!!

If you make or commission artwork, you are absolutely able to include that in the resale value.

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Therystes

So i can sell this design now if i wanted to? https://toyhou.se/7249951.celeste/ownership

bratblush

the link isn't working for me?

Therystes

oops sorry here hun https://toyhou.se/7249951.celeste

bratblush

yep! updated it for ya

Therystes

You're amazing, thank you.

egonetwork

This is a good update, although I do have some questions.

i feel that after a design is sold, the designer has zero liberties of how the character is to be used afterwards since it's no longer theirs.

For instance, a user should be able to upmark a design as much as they please, since it's their character now. It's on the buyer for making the purchase, since reselling is a perfectly valid trade IRL.

just asking your reasoning behind this, since it feels off to put limits/rules on creative media you're literally selling the rights and design to and have little to no claim over afterwards (outside of design style recognition)? many artists due this, and im just wondering wht since it feels quite null imo

bratblush

These rules are about respecting small creators. I and many other designers are one person making these designs. So it is incredibly unethical for someone to purchase something from a designer, or really any small business and up charge it just to put profit in their pockets. This is why it's so frowned upon and regulated in communities like toyhouse.

Ultimately people can do whatever they like with the things they purchase- but this doesn't mean they are free of consequences. I will refuse to sell to anyone who does this (aka blacklist/blocking), lots of other designers do the same as well so it's essentially just a self regulated community/rule.

The only thing that really has a standing is that legally the artist will always own the copyright of the artwork, unless specially purchased from the artist. it works this way with all commissions and stuff (meaning like you can't take a commission you bought and just throw it up on a tshirt and mass produce merch for it.) the artist has the legal right to the image, unless it is specifically purchase it from the aritst which is not the case for regular commissions/designs/etc)

egonetwork

Okay that makes alot of sense, I was seeing it as a more as an ownership-by-proxy thing lol. I'm glad artists are doing this, it makes a lot of sense. I'll 100% respect your rules when (it's only a matter of time lol) I purchase one. Thank you for your time!

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bratblush

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peachyu

Good rule! So the art we make for the character still has its worth as well ♥ cool, i like it!

bratblush

Risque

This TOS makes sense ❤️ Agreeing on it

bratblush

shadzydow

the gray on gray text is kinda hard to read :’0 /nm

bratblush

if you mean on the actual TOS? i made is slightly darker just now! but if you're still having a hard time reading it just highlight the text with your curser and it should be fine. to me its super easy to read on desktop and mobile so dunno xD

shadzydow

it just puts a blue overlay over the text and makes it even harder to read for me :(

bratblush

i changed it and it's just off black, can you still not read it? 0:

shadzydow

i can read it now! :0