What are you buying exactly with an "adoptable"?

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  1. #1
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    What are you buying exactly with an "adoptable"?

    Hello people at Concept art! I am aware that you profesionals don't do this "adoptables" stuff But I am still wondering about them.

    I am a law student (I have yet to study intelectual property) and I am confused about What rights you are getting exactly with an "adoptable"

    Obviously you don't gain the "right" to claim you created the adoptable. But let's suppose your "adoptable" becomes famous because you develop it/him. Do you have a right as a co-creator?

    The property right is divided in 3 the right to enjoy it's profits and fruits (ius frutendi)/to use it in whatever way you want (utendi)/ and to enjoy it (abutendi)

    By "adoptable" I am getting the the 3 full property rights?. I mean adoptable isn't really a legal term and it doesn't mean anything. You can't "adopt" things you only get rights over them

    Some people say that you can't "profit" from an adoptable,some people don't allow you to "resell" the adoptable,others make you to always credit the original creator, some say that you can't change them etc

    Becuase you aren't getting the 3 full property rights, you don't really have property over the character. This makes me wonder that maybe an adoptable in some cases isn't really a contract of sale.Becuase if you were the owner you wouldn't have to obey this conditions.

    In some cases it seems to be more of a "perpetual license" where you don't actually own the character but you are only allowed to use it on a certain way.

    So who is the owner?

    what are you buying exactly?

    is it a sale contract or a license contract?

    It might not seem important. But I think this vagueness of the term might give A LOT of problems, later on. Specially if the adopted character becomes sucessful for some reason.

    sometimes it seems that you are only getting a perpetual lisence to use the character but you don't get the property right others it sems to be just a property right that is being transfered.

    Wich makes it more confusing for me.

    Thank you for your time. I am just being curious :p

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  3. #2
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    Not to undermine all the thought you're putting into this, but aren't adoptables generally only "sold" by 13-14 year olds on deviantart for use by other 13-14 year olds on deviantart? I think all of your questions would have to be answered on a case-by-case basis, and quite frankly I don't think any of the people who create adoptables are even considering the legal aspect of it.

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  5. #3
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    Quote Originally Posted by keeptime View Post
    Not to undermine all the thought you're putting into this, but aren't adoptables generally only "sold" by 13-14 year olds on deviantart for use by other 13-14 year olds on deviantart? I think all of your questions would have to be answered on a case-by-case basis, and quite frankly I don't think any of the people who create adoptables are even considering the legal aspect of it.
    yeah I am ware of that but I am just being curious. Besides art my other passion is law

    You never though... Justin bieber was a lucky 13 year old too after all...

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    It's rather simple. You're buying/acquiring anything the contract says you do, assuming the contract is valid and legally binding. If there is no contract, the rights ownership stays in its "default" position as regulated by ius positum.

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    ..I think you've put way too much thought into this.

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    "Adoptable"
    Whut the...?

    ...which is only my opinion.
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    FallenLegend, I'd really run away from the weird things of DA subculture and get on with drawing. Sometimes you find cool resorces there, but I wouldn't worry with the weirdness.

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  10. #8
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    So I went to DeviantArt and searched adoptables and still I am none the wiser. Can someone 'splain what those are, please?

    I was once on the receiving end of a critique so savagely nasty, I marched straight out of class to the office and changed my major (sketchbook).
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    Person A makes a bunch of drawings (usually the same wolf template with colour variations), puts them up for "adoption" for x points. Person B "buys" that adoptable, and then they're allowed to draw it too. Or something.

    God, I've spent way too much time on that website.

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    Huh. I'm still mystified. All the artwork in that category looks so similar, how would you know if someone ripped you off?

    Trace the head from A, the body from B, the hands from C...and voila, you've got an original work -- at least as original as anything else there.

    I was once on the receiving end of a critique so savagely nasty, I marched straight out of class to the office and changed my major (sketchbook).
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  13. #11
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    I think half the fun is wildly accusing everyone else of stealing your amazing original ideas so you can get your friends to harass them.

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  15. #12
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    I never really understood the concept of adoptables. Still, if you really want to get down to the question of what exactly you are 'buying' the answer would be it depends?
    I mean just looking at a few of generic examples from DA many of these 'adoptables' seem to simply be underdeveloped, cookie cutter designs. If these characters were to become famous it would probably be because of the work the buyer put into developing the character, work which would actually be intellectually copyrightable by the buyer. In this instance, even if the original artist were to claim copyright to the design, the buyer would have copyright to the character and would simply have to change the design enough so that it didn't infringe on the original design. This is where things get a little grey since a lot of adoptables are so generic that they don't seem as if they really can be copyrighted. I mean, you really can't copyright a black cat with yellow eyes or an albino wolf. Original creature designs on the other hand would be a bit different since if the artist actually created the species and the background information for the species then the buyer would technically either have explicit permission from the artist to use the information in their now 'famous' character design or would have to remove all mentionings of said information from their character design. Anyways, this is simply my two cents. I am not a legal advisory in any way and I really would recommend sticking to just designing your own characters! It's seriously a ton more fun that way

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