[PSA/RANT?] weird "take back if unused" (+ no resell) rules in some adopt ToS?
Well I should probably say I lurk in others adopt books all the time
I just find commenting/voting awkward but hey I'm starting to try to at least give a vote when I can
This means I've also been looking and reading people's rules or terms of services before adopting
A funny thing I keep seeing though, sometimes between both original self-made and Google image adopts is that there's this line of "I'll take the character back if you don't 'use' the character"?
For myself, my usage or attachment to characters I adopt vary all the time. Sometimes I get a design I really love but am too busy playing with a few other characters to give all attention to them until months later.
I'm reaching about 300 characters according to my TH stats? It's a lot of OCs.. But just because I don't draw/write with them immediately or often doesn't mean I don't use/like them. I'd only really put an adopt up for rehoming if I don't click at all within a month or so of owning them;; I'd want them to go to a better home.
Personally, I know some people either can't or don't draw and write so they would just roleplay with the character or something, which is usually private. Sometimes maybe they draw/write about the character a lot but don't post things publicly.
How do you even see if someone is using the character? What are your "guidelines" that says this person is using the character? Why would you monitor someone that closely ?? Why would anyone stress themselves over what people do with their adopts anyway?
Honestly this rule isn't really okay though :v
Once the character has been given to a new owner, the old owner doesn't have the right to take the character back without consent because they have given away ownership so they can't get much from it other than credit. They can't really tell you what you can and can't do with the adopt because it's now your intellectual property. Of course there are understandable rules to be respected and to be modest about (no scalping, for example); but then when you see something like "u can't change the gender, u can't change the sexuality, u can't give them new clothes" in my opinion that's stupid and something more laughable at
For artists, they'd retain copyright over their art but they can't claim the intellectual property of it unless if agreed upon with the current owner of the character or something
It gets really shady if they don't tell you they "took the character back" and gave it away again; I don't think anyone would feel good about seeing multiples of the same character going around that..
Putting it in some perspective it's like buying an orange at your local grocery mart and then the people working there telling you "oh you didn't eat the orange now give it back" with no refund
So just to people out there, be sure to look at the designer's rules before agreeing to anything. You never know what weird shady rules are in there.
As well for people buying characters secondhand, thirdhand, and so forth, you probably want look at the original designers terms of service first because you could potentially end up with designs with this rule which is very unfortunate considering the legal issues that it may have caused already
If you have your own two cents on this rule feel free to discuss it in the comments
This is sort of a warning to people who frequently adopt on any site at all
This rule is definitely something you don't want to get tangled in. It'd be a headache.
Edit: some people have mentioned it so I'll mention it in here too since it ties in with the "take back adopt if you no use"
The topic of reselling/trading/gifting
Some people have rules that don't allow you to "resell or gift" and some "only give them back to the creator to rehome"
Imo this is a stupid rule? Are you going to buy a design, pool all the time and art and commissions onto them; and when they disconnect they can't resell or get back what they spent on the adopt when they rehome them to a new home??
Would all your love, time, and money you spent with the character simply become void? How would you feel to have your character taken back by the designer only for them to profit off of your extra work on them?
However, there are still designers who are willing to buy back a design for at its worth when it is up for rehoming is than to just expect them to "give it back"
Remember, when you own the design, you own the intellectual property in which you can do whatever you want with it. However, this is NOT to encourage bad behavior/inappropriate use/scalping; but the designer can't enforce people to not resell, trade, gift, redesign, edit bio, etc to the character. They simply hold copyright over their artwork.
You can do whatever you want to the adopt, but it is important to be modest to reasonable rules, such as to not scalp, use the design inappropriately (hate speech, etc), ask before redesigning, let the designer know of the new owner if rehomed.
I mean well, I don't think anyone would want to buy from you if you have them sign a contract agreeing to all your rules every time they adopt from you either.
If people who don't like how people use their designs then why the fuck even sell characters in the first place??
Personally, I don't really mind what people do with my designs as long as they don't scalp or claim they made the design. I myself would appreciate if they could tell me who new owners are so I don't call anyone out for misunderstood character theft; but I can't force them to let me know every time.
Art is a business. People may not bond as much as you expect. You can tell then of modest rules but you can't always enforce what they do with their intellectual property.
Thanks for coming to my Ted talk
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