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LotusLumino — Outfit design - 196 - closed
#adopt #adoptable #black #cloth #clothes #clothing #dark #design #dress #fashion #outfit #purple #wear
Published: 2015-03-30 14:58:03 +0000 UTC; Views: 50985; Favourites: 1182; Downloads: 0
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Description
Only the owner of the outfit (who bought it) is allowed to use it!Added four versions, you can combine them as you wish <33
adoptable one, auction ends on 04.01. , midnight, hungarian time ^^
(Hats/Hoods/Headdresses never have to be used)
please read the info D: !
I only accept cash (paypal)
Starting bid: 30 $
Min inc: 2 $
Autobuy: 60 $
Please reply to the " Bid here " comment! ^^
Belongs to -
Also please note, I will not put them on hold, you have to HAVE the money when the auction ends.
other outfit(s) on sale:
Please, do NOT post or share it anywhere without my permission, no pinterest no facebook etc...unless you are the owner!
!! Rules:
No reselling or claiming that you drew the original design/drawing + please credit me when needed
Do NOT change the design, this includes colors, shapes , everything. You can of course add things as your character might do it but otherwise, if you know you will want to change the color or something about it, don't bid.. thank you <33333333
Also, if you bid make sure to Have the money actually.
I don't want people to change their minds in the last minute : /
New: Since dA added this new feature, to allow people to hide their comments, if you bid and then hide it (and I see that you did bid earlier), I will automatically ban you from all my future auctions and adopt batches.
Drawing (c) me
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Comments: 40
Lotus I'm not comfortable letting anyone use this besides me. It's my sonas outfit now :'3 ik you arent letting anyone use it / using it yourself but if anyone asks to use it please tell them no :'D
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Of course, I understand that ^^
Done, and don't worry, it is only yours : D
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Thank you :'3 they were very nice and understanding I'm just paranoid
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I just left a comment on Ardra222's wall asking her, since she bought it, if I can use it as a basis for or as one of my main characters outfit. I would love to use it for a story/fanfic that I have posted to the public. due credit will be given ofc, and in multiple areas. She replied, and it was a no. Beautiful though!
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Yeah, it is her outfit now and please keep that in mind, if she says no ( and I am saying that too ) then it is a no. She bought it from me so please respect that. Thank you for the compliment though!
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Those rules of yours would not hold up anywhere, especially not outside of dA.
For starters, once you sell something, you lose the rights to dictate how it can and cannot be used/altered(and if they so chose, you lost the right to use it yourself, because they own it now).
Not to mention that once someone alters the design, you no longer hold any rights at all, even if they didn't 'buy' it, unless they are using(parts of) the original image.
Really, the only valid part is: "Drawing (c) me" since the image itself(but not it's contents), dose belong to you.
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Well, I really hope I can trust my customers about this. Since they buy it knowing my criteria and rules, they HAVE to keep that in mind.
It is like a term of use.
For the other thing you mentioned, yeah and those people are being really unfair, and if I find them doing this, I'll sure share it, because people should at least know where they got the 'idea' from.
I don't really think I can really do more to 'protect' my designs aside from having the original watermarked picture and setting up those rules, but if you have some ideas, I am interested in hearing them!
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The problem is that, you cannot really do anything from a legal standpoint, least you establish yourself an actual clothing brand.
Even then, the only additional protection you'd have would still be on small details and branding, not the outfit itself.
Here's an article that goes into more detail: goo.gl/RjC71a
"It is like a term of use."
Actually, it isn't. Once you take their money, they own it, which is pretty shady, since you cannot be legally own an outfit design(not in the form you're offering them anyway).
It could get you into trouble if someone broke those 'rules', and you tried to pursue them for it.
If you'd like to leave the legal grey area you could just offer your designs as prints(which dA will make and distribute for you).
There's no harm in multiple people owning them, and they'd get physical goods they would own for their money.
While you'd still hold only the rights to the image itself, you'd avoid any legal trouble related to selling something that cannot be legally owned.
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As an artists she is providing a service be drawing and creating this piece of art.
Even if they 'clothing' itself can not be copyrighted, IT IS against the law to take the service and not pay for it.
So if others are using this, it would still be wrong and she could have something done about it.
Also, "Title 17, Chapter 13 of the United States Code regulates copyright protection of original designs. Original designs are protected under this chapter, however, section 1302 clearly states that “designs are not subject to copyright protection … ”. The fashion design does not receive copyright protection if it is “embodied in a useful article that was made public by the designer or owner in the United States of a foreign country more than 3 months before the date or the application for registration” under the Act."
"Compared with the United States, the European Union provides much more encompassing protection for apparel designs. Since 2002, E.U. law has provided for both three (3) years of unregistered design protection and up to twenty-five (25) years of registered design protection, in five-year terms. 25 Under Council Regulation (EC) No 6/2002 of 12 December 2001 on Community Designs, the E.U. seeks to establish a uniform protection for a design. Design is defined as "the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation."
Information here: fashionlawwiki.pbworks.com/w/p…
Summary of Hungarian Copyright Law: www.library.ceu.hu/hucop.pdf
"Currently, fashion may only be protected by copyright to the extent that its shape is non-utilitarian enough to qualify as a creative "sculpture," or to the extent that a design, pattern, or image on the clothing qualifies as "pictorial" or "graphic." -- In addition, fashion may be protected by design patents if the requirements for patentability are met. To be patentable an ornamental design must be new, original and non-obvious. Legislation targeting design piracy has already been enacted in Europe , India , and Japan ."
And just so you know, she is from Europe.
And then there is still dA's ToS:
"4. Copyright
DeviantArt is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to DeviantArt are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of DeviantArt or the appropriate owner of copyright in such works."
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Thanks for all your concern and your research too.
I am not trying to change the world with my designs, and I do trust my customers about it.
I haven't experienced that anyone used them in an inappropriate way so far and I hope it will stay like this. When they pay for it, they accept my rules. Unless they want to cause drama.. but I don't think that is worth it for them either.
Since I drew the original drawing, there will always be the original picture as the reference, where it all can 'go back to' in case of trouble.
And wait.. why isn't it legal to sell my designs to people? I mean, there is this whole adoptable business on it. Of course people want to own a design that belongs to them Only. Nobody would want a design that others can just get too. They want something unique after all.
In case somebody wants to copy the designs and really just changes some small details to make it something 'else'.. it will be really easy to see.. and people will see the similarities between the designs as well.
I don't think anyone can just get away with that kind of copying.
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Fuck, it's purple too OTL
Way to ninja, Ardra222 XD
Lotus, this looks awesome <3
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Awwwww xD Thank youuu <3333333
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Yw hun, as always <3333
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xD I couldnt resist
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Lmao it's cool: I have more than enough outfits anyway XD
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I am not arguing with this statement haha xD <33333
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OH THE FIRST ONE IS CUTE OH MY GOSH!
Ooooooohhhh, I want it so baaaddd! Only for that dress would I shave my legs so I could wear it outside.
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XDD That was an epic one!! <3333333 Thank you -3-
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*Internal screaming* Such a great color combo ;3;
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Thanks a lot! ^^ Sent the note : )
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