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Kaelizilla
#36 • 1713 views
Posted: 2011-08-26 01:33:43
#8877
Custom Designs
A good question was posed in a thread which was closed earlier today. I want to extract that topic from the thread so that the topic doesn't die along with the inappropriate execution.
When you create a custom dog design and then sell it (the design itself or the created dog) to another player with no expressed contract, who then owns that design? Does the person who created the design own it? Or does the new owner of the dog, even though it wasn't their original idea?
Please weigh in on this topic with your opinions! Name calling and finger pointing will not be tolerated. If you feel you have a valid concern about design theft, please do the appropriate thing and submit the issue to the moderator issue hub.
Replies
dogfancy0
#55729 • 2011-08-28 12:04:12
#55729
Because it's not nice? People do get attached to their dogs, especially a custom dog. And then they find out someone copied it? Thats not the nicest feeling =/<br /> <br /> I don't think people should get in trouble for coping a dog, but i do think that it should be shunned. Because stealing just isn't nice.
You designed a dog, then sell the pattern. Someone buys it. The design is theirs and no one will ever have to take it away from them again, unless that someone sells it again, which the copyright can be passed down, because alongside the ownership of the design is the copyright that the design is theirs. :3 There may be the problem of the art being owned by ADprogramming, LLC, but the <i>design itself</i> is what I want to make a point on. Not the art(the drawing itself). But I think this art should stay here on Ala, although there may be 'reneditions' of the design, such as drawings and other art on other sites, but the design stays with the owner unless sold all over again. :3
dogfancy0
#55403 • 2011-08-26 17:24:32
#55403
I feel it is more of a respect thing than anything that is covered in a rule/law/copyright/whatever. If i created a custom dog, then sold the dog. The design in theirs. Just like an uncreated design. You don't see these design shops selling the design then turning around and creating it them selves do you? Thats basically what a custom dog is, but it's tangible.<br /> You buy a custom dog for the looks, not the linage, or tp. If i bought a custom dog i'd expect it to be unique and the old owner to respect that. If there were 5 of the exact same customs for sale, i wouldn't buy one, that defeats the point of a 'custom' dog. If it isn't special i don't want to spend 15 dollars on it, plain and simple.<br /> <br /> Bred dogs and pup predicts i would say are free for anyone to recreate as a customs.<br />
Kaelizilla
#55370 • 2011-08-26 10:05:49
#55370
Well, now that we addressed the legal standing of the situation, let's move onto ethical considerations. <br /> <br /> While we all now understand that Robyn owns these dogs and their designs (by proxy, as owner of adprogramming, LLC.), is it "right" or ethical for a player to sell a dog or a design and then recreate that dog/design without it being expressed at the time of sale that this would not, or may not, be a unique copy?<br /> <br /> I feel like I already weighed in on this question, but I wanted to direct the conversation out of the dead end it seems to be heading xD
Tiger
#55368 • 2011-08-26 10:02:26
#55368
I agree with Nyctra, noone owns the design of a dog, the art is owned by ADprogramming,LLC <br /> <br /> If someone loved my Customs so much they wanted to spend bones to make one then so be it. More money spent on Ala!
Larthan
#55361 • 2011-08-26 04:34:11
#55361
I agree that all dogs on this site belong to ADprogramming, llc.<br /> <br /> Including all dogs made with all the preset markings that the site offers to be used.<br /> <br /> So basically, no. You do not "own" the right to the dog's design, no more than anyone "owns" their profile or "owns" their items. Yes, you can be in possession of them, but let me quote the TOS:<br /> <br /> "<i>All content, graphics, and coding are property of Alacrity.</i>"<br /> <br /> Meaning that dogs, accounts, items, etc all belong to Alacrity. Whether you like it or not.
GeistNoir
#55357 • 2011-08-26 03:48:36
#55357
Important line I included in my post.<br /> "And I imagine, even by people making customs!"<br /> <br /> And I wouldn't care. Because of the <i>main</i> message of my post. All dogs have limited markings in limited colors and the dogs are property of ADprogramming LLC, not a single user.<br /> <br /> However, if I made a CA that I was selling on site for real money, and someone used the art I'd drawn for it to make an identical CA?<br /> <br /> Heck yeah I'd be angry and I'd do something about it. But that's because the art of the CA would be my intellectual property, I would be making real profit from it, and I would actually be able to hit them with a DCMA Cease and Desist letter. This is.. not even the same.
Mahou
#55356 • 2011-08-26 03:31:56
#55356
The problem with that example, Geist, is that those dogs were bred or created without <i>knowing</i> the first one existed. When you knowingly take something and copy it <b>exactly</b>, then that's where it's wrong imo. Now yeah, it'd be hard for mods to moderate that, and in Ala's case I'd say it comes down to a matter of conscious.
GeistNoir
#55355 • 2011-08-26 02:55:56
#55355
I really have to agree with Kael, Carni, and Nyctra.<br /> <br /> I've been working in art for a long time. Professional artists redistribute their art quite a lot. A number of them put a clause in their commission contracts stating that they have the right to sell prints of their commission art, even if it involves your characters. If you commission a generic piece without a distinct character, there's a good chance it'll wind up as a print. If you commission tattoo flash, there's a pretty decent chance it'll wind up as flash for someone else. Heck, post a picture of your tattoo online? It'll probably wind up copied on someone else, and you can't do a thing about it.<br /> <br /> It's because you can't copyright these things. You. Cannot. When it comes to a character, you have to trademark it, which costs a lot of money, and that character had better be pretty danged distinct. Mickey Mouse is a trademarked character. And you know what? If you make the same basic design and change a few little things, you can get away with 'copying' because you aren't violating the trademark. These are <a href="http://fc09.deviantart.net/fs8/i/2005/339/b/9/Bootleg_Mickey_Mouse_by_HeLGeN_X.jpg">bootlegs.</a><br /> <br /> Things get really funny when it's applied to Alacrity. Every dog on this site is property of ADprogramming LLC. Everything every artist is commissioned to draw for this site, Carni and myself included, belongs to ADprogramming LLC. I can't just decide to leave and storm up to Robyn and say "I WANT MY OWLS BACK." I can't go into a rage and tell her to stop it if she decides to have someone alter those owls, or make another color variant.<br /> <br /> Then you take into consideration that all these dogs have a set number of specific markings that come in specific colors. You can make all sorts of lovely variations, but sooner or later, someone is probably going to come along with identical dogs.<br /> <br /> Most of my customs have 'clones' out there - a lot of them from my own breeding, and a lot of them simply by chance through other people breeding.. And I imagine, even by people making customs!<br /> <br /> So for one user to come along, <i>claim that a design is theirs</i>, then get angry when someone else has a near identical dog? And the dog itself intellectually belongs to neither of them?<br /> <br /> It doesn't work like that.