Commission work terms
These terms apply specifically to commissioned work, e.g. work completed for for currency, including but not limited to: visual art, graphic design, website design, general writing, prose, poetry, editing, musical composition.
1) I reserve the right to post the finished work to my portfolio / social media.
Unless negotiated before payment and completion of the work, with full consent of both parties, I reserve the right to use all work created by myself in my portfolio (physical portfolio, website, social media), including works with elements such as trademarks and / or other intellectual property not belonging to me. The works which appear in my portfolio will not be used commercially in a way outside of exclusively showing my skills and experience, and works from completed transactions will not be sold or used in a way resulting in direct profit from commissioners’ trademarked and / or intellectual property.
2) Final commission cost may vary depending on complexity of commission process.
Unless expressly stated to be the final price, the cost given upon beginning a commission is an estimate. Since a commission is, by nature, influenced by the feedback of the commissioner throughout the process, the ultimate total may change depending on the time and expertise needed to meet the specifications.
I will, throughout the process, do my utmost to update the commissioner if or when a particular aspect of the commission will raise the final price of the commission.
3) The work may be resold under specific conditions.
You may resell the work for a price equal or proportional to the original sale price under certain specific conditions. If it is associated with an original character, affiliated with your brand, part of a vtuber package, or otherwise related to an intellectual property belonging to you, it must be sold as a bundle with that property and not separately. If it is an individual and standalone piece, such as a painting, audio, print, or other independent work, it may be sold by itself. I do not need to be contacted or updated with the status of the work; you are solely responsible for any further transactions.
You may not resell the work into a context not originally agreed upon. This includes selling any instance of selling a non-commercial commission work to be used in a commercial context.
4) The work may only be duplicated or commercially used if there is a prior agreement.
The work may only be duplicated or used commercially if commercial use fee(s), upfront or contractual, are agreed upon beforehand and paid on time. All uses require disclosure before the work is completed; any use case not agreed upon beforehand must be negotiated later, or it is in violation of these terms.
“Duplication” is defined here as recreation, mass-production, printing, and any other form of production for sale that is not carried out by myself. The work may be printed once non-commercially for personal use of the commissioner, but may not be resold outside of the circumstances defined in the section above.
5) The work may not, under any circumstances, be involved with the blockchain.
The work may not be sold or traded for any form of cryptocurrency, “minted” / turned into an NFT (non-fungible token). It may not be altered or duplicated with the intention of blockchain resale.
In a case where an intellectual property not originally created by myself is sold or minted, the associated work which was created by me may not be sold, minted, or otherwise involved with the blockchain.
6) The work may not be involved with AI or algorithmic generation.
The work may not be fed into AI as “input.” This includes adding it to a machine learning database; using it to “prompt” an AI generator such as Midjourney or ChatGPT; or otherwise using it to promote algorithmic generation.
7) The work may be altered for private use only.
The work may be altered if stored privately and not shared, including online or offline. Modifications to work that is intended for public display must be agreed upon before it first becomes visible to anyone other than the parties directly involved in the original commission.
Non-commission work terms
These terms apply specifically to non-commissioned work, including but not limited to: gift work, prizes, and work created during and for the Art Fight event.
1) I reserve the right to post the finished work to my portfolio / social media.
Unless specified prior to completion of the work by the recipient for whom the work is meant (specified as completion of the work by myself and not delivery of the work to the recipient), I reserve the right to post the work on my portfolio (physical portfolio, website, social media), including works with elements such as trademarks and / or other intellectual property not belonging to me. The works which appear in my portfolio will not be used commercially in a way outside of exclusively showing my skills and experience, and will not be sold or used in a way resulting in direct profit from trademarked and / or intellectual property belonging to someone other than myself.
1a) Art Fight event specific terms.
If the recipient of my work during the Art Fight event does not want my work specifically featuring their character and / or other intellectual property to be posted within my portfolio (physical portfolio, website, social media), the recipient must indicate in a comment under the work (“attack”) on the Art Fight event site that they do not want it posted elsewhere. If the work is posted elsewhere by myself before a comment is posted by the recipient, or posted in error by myself, the recipient may comment on the post or send a direct message via any of my available contact methods requesting that it be removed, after which their request for removal will be fulfilled as soon as it is possible for me to do so.
2) The work will be provided “as-is,” unless a further commission is established.
As the work is provided free of any charge, the recipient may not expect any edits or “fixes” to be applied to the work upon request. Non-commission works completed by myself will be completed only to the level which I have the time and / or energy to complete them, which in some cases may result in no piece for the potential recipient. If the recipient or potential recipient of the free work would like a guaranteed piece, completion of a sketch piece, or other edit, they may request commission information and rates.
3) Non-commission works may not be used commercially without prior written agreement.
The non-commission work provided via gift, prize, and the Art Fight event may not be used commercially without prior written agreement. “Commercially” in this case includes, but is not limited to: use as a profile image, uncredited post on social media, emoji or emote on Discord / Twitch / other platform, bulk printing, product creation, inclusion in promotional material. If the action results in promotion of yourself and / or creation of a saleable product, it is defined as commercial use. You may take inspiration from my visual interpretation, but may not do so with express intent to copy and / or trace my original work.
4) The work may not, under any circumstances, be involved with the blockchain.
The work may not be sold or traded for any form of cryptocurrency, “minted” / turned into an NFT (non-fungible token). It may not be altered or duplicated with the intention of blockchain resale.
In a case where an intellectual property not originally created by myself is sold or minted, the associated work which was created by me may not be sold, minted, or otherwise involved with the blockchain.
5) The work may not be involved with AI or algorithmic generation.
The work may not be fed into AI as “input.” This includes adding it to a machine learning database; using it to “prompt” an AI generator such as Midjourney or ChatGPT; or otherwise using it to promote algorithmic generation.
6) The work may be altered for private use only.
The work may be altered if stored privately and not shared, including online or offline. Modifications to work that is intended for public display must be agreed upon before it first becomes visible to anyone other than myself and the direct recipient.
Traded work terms
These terms apply specifically to traded work, including but not limited to: art-for-art, art-for-other, music-for-art, music-for-other, coding-for-art, coding-for-other, and any similar transactional swap.
I reserve the right to post the finished work to my portfolio / social media.
Unless specified prior to completion of the work by the recipient for whom the work is meant (specified as completion of the work by myself and not delivery of the work to the recipient), I reserve the right to post the work on my portfolio (physical portfolio, website, social media), including works with elements such as trademarks and / or other intellectual property not belonging to me. The works which appear in my portfolio will not be used commercially in a way outside of exclusively showing my skills and experience, and will not be sold or used in a way resulting in direct profit from trademarked and / or intellectual property belonging to someone other than myself.
The work, upon completion, will be provided “as-is.”
The recipient may not expect any edits or “fixes” to be applied to the work upon request, excepting times when an “error” in the art is clearly non-attributable to difference in art style. If the person with whom I am trading would like the completion of a sketch piece, or other non-essential edit, they may request commission information and rates.
Traded works may not be used commercially without prior written agreement.
The traded work may not be used commercially without prior written agreement. “Commercially” in this case includes, but is not limited to: use as a profile image, uncredited post on social media, emoji or emote on Discord / Twitch / other platform, bulk printing, product creation, inclusion in promotional material. If the action results in promotion of yourself and / or creation of a saleable product, it is defined as commercial use. You may take inspiration from my visual interpretation, but may not do so with express intent to copy and / or trace my original work.
“Written agreement” includes communications in digital format.
The work may not, under any circumstances, be involved with the blockchain.
The work may not be sold or traded for any form of cryptocurrency, “minted” / turned into an NFT (non-fungible token). It may not be altered or duplicated with the intention of blockchain resale. It may not be fed into an AI generator as “input.”
In a case where an intellectual property not originally created by myself is sold or minted, the associated work which was created by me may not be sold, minted, or otherwise involved with the blockchain.
The work may be altered for private use only.
The work may be altered if stored privately and not shared, including online or offline. Modifications to work that is intended for public display must be agreed upon before it first becomes visible to anyone other than myself and the direct recipient.