Am i being irrational?

Nohilphy

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I feel like a mug to be honest and i don't know if what has happened is the norm or if I've been screwed over.
Its my first project and attempting to build a commercial game anyway I stupidly thought/trusted that if i was to order custom art work from a vender on fiverr , that i would own it or even if the vender still legally owned it they would let it be exclusive to me. any way the reason i'm upset it a had someone on fiverr draw me up $250 worth of custom tile sets which were quite good. the only problem is as soon as i received it they immediately uploaded those exact same tile sets onto their Itch account for sale for a standard price. i felt like i wanted my game to be unique and knowing that those tile sets are now showcased i feel that they're alot less value to me , plus they were my ideas!
Just to be clear I'm not upset that i paid $250 and they're being sold for less , i'm just upset because they were my ideas unique to my game development and i want so bad for it to be unique.
Now i don't know if I'm right or wrong to be upset but as i'm new too game developing i guess its all a learning curve .
I love the Rpg maker community please tell me what you think and if you have any other warnings or tips about how to avoid similar situations then i will greatly apricate that thank you
 

TheoAllen

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Was there an agreement about exclusivity or was it just your assumption that it should be exclusive?
 

Nohilphy

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There was no agreement it was an assumption , I'm just trying to get my head round it . i feel upset but it seems silly to be upset over if its the norm , or is it not the norm?
 

Capitán

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Personally I think you are not being irrational, and I would react similarly $250 is a considerable amount for most indie developers.

However, I do believe it was a mistake on your part by not creating terms with the artist beforehand. Next time I recommend you draw out terms of exclusivity with the artist, some artist may charge a bit extra for that, but it may be worth it depending on who you are.

At the end of the day it is your brainchild and I don't believe other people will get as much use out of it as you did.

I will add that most artists do not re-sell commissioned art to other entities as that is considered common courtesy, but everyone is different.
 
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TheoAllen

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You are not being irrational. But without an agreement, everyone can assume anything.
Someone could pay anyone to make art or resources to share it for free.
Someone could pay anyone to make art or resources exclusive to them.

You both could do better.
The artist should have asked your permission to resell the commissioned art.
And you should make clear about everything and what they could do with the commissioned art then reach an agreement.
 

BK-tdm

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I will add that most artists do not re-sell commissioned art to other entities as that is considered common courtesy, but everyone is different.
This pretty much, i never resell or repost un-watermarked comissions because they werent my ideas, i just turned ideas into visuals but alas, not everyone is the same when it comes to work ethics.

Next time ensure exclusivity, this "artist" is just being an opportunistic arse that sees profit in something that came out nicely from your ideas :kaolivid:
 

Nohilphy

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You are not being irrational. But without an agreement, everyone can assume anything.
Someone could pay anyone to make art or resources to share it for free.
Someone could pay anyone to make art or resources exclusive to them.

You both could do better.
The artist should have asked your permission to resell the commissioned art.
And you should make clear about everything and what they could do with the commissioned art then reach an agreement.
Yes i have definitely learned that the hard way . lesson learned , there will probably be a few more hurdles on the game dev journey.

This pretty much, i never resell or repost un-watermarked comissions because they werent my ideas, i just turned ideas into visuals but alas, not everyone is the same when it comes to work ethics.

Next time ensure exclusivity, this "artist" is just being an opportunistic arse that sees profit in something that came out nicely from your ideas :kaolivid:
Aw thanks for restoring some of my faith that there's people like you out there , its just a shame that it was the first artist i used that did this . I guess most wouldnt , but i can never assume that anymore or ill be back venting on rpgmaker forums lol , thanks for your input!

Personally I think you are not being irrational, and I would react similarly $250 is a considerable amount for most indie developers.

However, I do believe it was a mistake on your part by not creating terms with the artist beforehand. Next time I recommend you draw out terms of exclusivity with the artist, some artist may charge a bit extra for that, but it may be worth it depending on who you are.

At the end of the day it is your brainchild and I don't believe other people will get as much use out of it as you did.

I will add that most artists do not re-sell commissioned art to other entities as that is considered common courtesy, but everyone is different.
Thanks for the input Capitan , i like your way of thinking , you seem like a pretty cool guy
 

Htlaets

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There was no agreement it was an assumption , I'm just trying to get my head round it . i feel upset but it seems silly to be upset over if its the norm , or is it not the norm?
I mean, it's somewhat understandable. I've commissioned stuff for my project and had the artist do whatever they want (usually post to portfolio). In that case there was a clause on the artists commission terms that said they had the final right to all art they produce or something to that effect which freaked me out because I read this after I had already commissioned them, but after asking them about it they basically just said to not worry about those terms at all, so it worked out. In my experience they're not going to be too fussed if you specify conditions, but I can't say I've really had a large enough sample size to say for sure.
 

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An example of commission reuse happening to a relatively big name is when Brandon Sanderson commissioned this excellent piece for the cover of Warbreaker

QINYwwS.jpg


The artist then (legally) licensed Heather Dale to use the art as well, so she could put it on the cover of Avalon, an album.

p1z82p8l8jiz.jpg

(Brandon was fine with it and bought the actual physical painting, it's on his wall)

Legally, the default stance is that the artist keeps the copyright if it's a commission. The people who do paintings for movie posters often have a side-gig where they sell reproductions, and often make a lot more money from the fans than they were paid for the original poster.

That said, it is poor practice for artists not to spell out the terms of a commission ahead of time - it is very important when striking a deal to make sure both parties know what they're getting into. Leaving terms of usage vague is - while not illegal - quite unprofessional.
 
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The Stranger

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Was it stated on their Fiverr page that they retain the right to resell whatever they create for you?

Maybe they assumed you didn't care about exclusivity and so gave you their usual, non-exclusive, rate for the commission; I've heard of artists and musicians doing this before.

Most people I've worked with on this site usually say they won't resell, but will use whatever they make for you in their portfolio. Never used Fiverr, however, it's always come across as a bit of a weird, dodgy even, site.

Probably wise to discuss this sort of thing before commissioning someone in the future, though.
 

Nohilphy

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Was it stated on their Fiverr page that they retain the right to resell whatever they create for you?

Maybe they assumed you didn't care about exclusivity and so gave you their usual, non-exclusive, rate for the commission; I've heard of artists and musicians doing this before.

Most people I've worked with on this site usually say they won't resell, but will use whatever they make for you in their portfolio. Never used Fiverr, however, it's always come across as a bit of a weird, dodgy even, site.

Probably wise to discuss this sort of thing before commissioning someone in the future, though.
no nothing was stated , total rookie mistake , i'de like to know if there's anything else that i could look out for or be aware off on the game dev journey , Where would you advise finding an artist ? thanks for the input .
 

Nohilphy

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An example of commission reuse happening to a relatively big name is when Brandon Sanderson commissioned this excellent piece for the cover of Warbreaker

QINYwwS.jpg


The artist then (legally) licensed Heather Dale to use the art as well, so she could put it on the cover of Avalon, an album.

p1z82p8l8jiz.jpg

(Brandon was fine with it and bought the actual physical painting, it's on his wall)

Legally, the default stance is that the artist keeps the copyright if it's a commission. The people who do paintings for movie posters often have a side-gig where they sell reproductions, and often make a lot more money from the fans than they were paid for the original poster.

That said, it is poor practice for artists not to spell out the terms of a commission ahead of time - it is very important when striking a deal to make sure both parties know what they're getting into. Leaving terms of usage vague is - while not illegal - quite unprofessional.
that's interesting. Thanks for the input!
 

The Stranger

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no nothing was stated , total rookie mistake , i'de like to know if there's anything else that i could look out for or be aware off on the game dev journey , Where would you advise finding an artist ? thanks for the input .

Know exactly what you want and how you want the commission to be used before commissioning someone. Discuss it with them beforehand so that you're both on the same page. Never assume something to be true if it's not written, always ask first. Tell them exactly how you plan on using the commission and any sort of limitations you want imposed upon it (exclusivity, etc). That way they're also free to decline the commission if it's not what they want to do.

Unfortunately, I have no real idea where to look for reliable artists; it's something I'm searching for myself. I've had better luck finding reliable musicians, though.
 

Nohilphy

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Know exactly what you want and how you want the commission to be used before commissioning someone. Discuss it with them beforehand so that you're both on the same page. Never assume something to be true if it's not written, always ask first. Tell them exactly how you plan on using the commission and any sort of limitations you want imposed upon it (exclusivity, etc). That way they're also free to decline the commission if it's not what they want to do.

Unfortunately, I have no real idea where to look for reliable artists; it's something I'm searching for myself. I've had better luck finding reliable musicians, though.
That's very good advise The Stranger ! Appreciate it .
 

kaukusaki

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ouch! i'm sorry you had to learn the hard way. :( i had that happen to me once and after fighting with the artist over the terms of agreement (i couldn't even advertise my game with the assets made!) i sat on it until the terms ran out (i had a contract for 3 years with this artist because i planned to work with her. it was fine at first until she became unreasonable) so in the 3 years i did the art myself out of spite. it wasn't exactly how i wanted it to look (the project was created with her style in mind) i just didn't want to fight it out in court. our relationship fizzled and the money sink of a project got shelved in response.


i know not everyone has art skills or can wear all the hats (i tend to and i do it usually in spite lol) so i wish you luck in getting your project out the door. my main project's been on hiatus 8 years now but it's finally coming together. (spite and determination and lots of bloodletting of funds lol)
 

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@Nohilphy
There are some really, really unscrupulous people on Fiverr. I know it from personal experience. They plagiarize, take short cuts, and lie. I'm sorry you had to meet one of them too. Those five star reviews really aren't that reliable.

I also must say that there are some really GREAT people on Fiverr as well. Great results at awesome prices. So it's not all bad. I think the platform is still useful.

Using Fiverr is a lot like hunting the flea market for treasure: you may find a great deal once in a while, and get conned big time at least one time, but usually you get what you pay for.
 

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I believe that when it comes to stuff like this (and communication in general), it's better to be less assumptive, and more clarity-confirming. I recommend that in the future, if you want to be sure that some custom asset you'd pay for will be exclusive to you, that the person you're paying knows it beforehand. That way, there's no ambiguity.



The only drawback is that in exchange for the exclusivity, they may charge a higher price.
 

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