Comments on NEW TERMS FOR DESIGN OWNERS All Comments

Read the PSA and this and I'm a neutral party but just wanted to inform you that you can get in legal trouble for selling/trading your designs and then attempting to reclaim them later by force. I didn't see this explicity mentioned in your TOS above but the person below me commented something about it as recent as 2 days ago so I wanted to address it

Once you sell/trade a character to someone else, they're out of your hands. As long as the owner abides by your TOS, legally the character belongs to the buyer. Your TOS change has been fairly recent, and so I feel this is unfair for anyone who owns older designs from you. If you haven't already I advise you look into changing that, I do understand why you don't feel comfortable in the art community and what happened to you does really suck, but I don't nessicarily think withdrawing every single character you made is the best choice right now. Some people can grow really attached to OCS and might be upset because they legally have rights to a character that you are demanding back.

Just thought I'd mention this, again I'm neutral and understanding to this situation, so no hard feelings

I will reply to this as thoroughly as I can, though I would appreciate if people DM'd me about matters concerning personal opinions rather than stated them here as it clogs up the thread.

1. I'm following the laws in my country concerning my own creations, as my art falls under those laws and those laws only, aside from my personal Terms Of Service of course. Legally I am allowed to recall my own work as long as a legally binding contract has not been signed, which I don't sign with any of my customers unless requested for commercial use out of my own comfort. That doesn't mean that I'm "selling/trading your designs and then attempting to reclaim them later by force" as I am not forcing anyone following my Terms Of Service to return any designs. Only those who have seriously harassed me as the artist, continuously broken my Terms Of Service or the laws of my country. I am forcing a trade-back rule, but everyone are allowed to keep their designs if they are not comfortable parting with them just yet. However when they are letting them go, they can only trade or sell the design back to me.

2. The person below you and me have long ongoing drama going back a while now that I won't get into. They are most likely concerned about a forceful tradeback as they are aware of that and I have recently pulled a design back from another user on this platform who violated me, my rights and my Terms Of Service MULTIPLE TIMES for YEARS and are currently going around spreading one sided lies about the situation. I am not going to pull the design from the user below as they never broke my Terms Of Service to that degree, as we simply only have personal drama going on. But I can respect their concerns nontheless, even though it doesn't apply to the situation as a whole. AGAIN. I will not pull any designs from people forcefull unless the owner goes extremely far to violate me and my rights as an artist, once they do, I have all the right to pull it back. But I don't use that loosely.

3. My Terms Of Service change happened once I read up on the laws in my country, which legally apply here from the point of me creating the artwork and onwards. Thus it's nothing that wouldn't apply back then too, rather just something I wasn't aware of at the time and thus couldn't add. 

4. Unfortuntaly I didn't ask for your legal opinion and as some of the drama going on is reaching into IRL legal troubles I am going to handle the situation in a way that I feel comfortable with. I will withdraw every single characrer I have made as that's what I'm the most comfortable with. Whether it be now or once the current owners decide to part with their desings. That is my choice and I am sticking with that as that is the best choice for me, my health and my mental health right now.

5. I'm not demanding anything, which you are missing the context of. If people want to keep their designs that's fine AS LONG AS THEY HAVE FOLLOWED MY TERMS OF SERVICE.

I understand that you're trying to be helpful.. but since you're missing a ton of context on the situation, what's happening and what I'm asking of people, as well as context from my point of view, it's not coming across as neutral nor understanding. Still no hard feelings, but please do some research next time or contact the person in question privately to learn what's happening before taking a stance in it.

I’m sorry. I apologize for commenting without knowing the full situation. I will remove my comment and I wish you the best in solving this, I got confused about the situation and you’re right I should have read up on it more. I apologize again!

Actually I have found I cannot delete it so I think you’re going to have to, apokogies