Views on re-claiming characters

Ok so after finding some old characters of mine that I sold, I realised I haven't seen them used for years. Is it ok to re-claim them? PLEASE bear the following in mind:

-My rules state they MUST be actively used when purchased.
-My rules also state that they are only for use on EV - so if they aren't active on EV then where are they?
-What are the chances of them being drawn actively offline?
-Previous owners could claim them back if they returned, and are fine to continue drawing them offline.
-I just feel like buyers should follow EACH of my rules, not just the ones they like - and that includes the usage one. What do you think?
-Rules are kinda like a contract right? You break a rule, you void the contract?
-We aren't talking a couple of months here, I haven't seen them for years!
-I would only reclaim ones I had created.

PLEASE, I'm begging you all BE CIVIL! No flaming or bashing or being rude. Everyone is entitled to their own opinion - don't like that? Then go away.

Last edited on 2016-07-19 at 04:43:52 by Hoofieʱ

People forget, and people go through rotations of characters, some may be retired or simply not used because real life has gotten in the way. Just because you don't see them used doesn't mean they're not used at all or not loved in the slightest. Personally I think it's a horrible rule to have, how would you feel if a character you adored was taken away because you hadn't visibly used it in a month or so?

I had a situation a while back involving one of my characters where I apparently hadn't paid someone (I had) and they tried to stop me using it when this was an active character that I'd owned for two years at this point. Of course I couldn't prove that I had paid for it because it was on the old EV, and you know what? That really sucked.

Also, people might not necessarily want to use the character because the rules are pretty restrictive on what they're buying. Can't use off EV? You're ruling out potential rpgs and plots and other opportunities to get art for the character. I use my characters in private rps and would never post those rps publically on EV. They're stored on weebly, I buy art for them on here and on dA, I MAKE art and write things for them that doesn't necessarily make it online or public.

I'm of the opinion that once you've sold it, that's it, they can do what they like with the character art and usage wise. Basic rules like small edits only (I like to clean up some designs sometimes), no reselling etc are fine imo. However once you start putting limitations on where and how they can use the character, then you're taking away creative freedom and that's something that can really affect how often a character's going to be used.

I understand it's limiting - but if people don't like that then they aren't being forced to buy the art?
Thank you for your opinion though :3

If that's the rules of the character sale, then they should be followed. Say a rule says no reselling. You wouldn't sell it. So if there's a rule that says use it? It needs to be used. As Hoofie's rules state "not to be used off EV", and they haven't been seen here for months, even years, then they're either not being used, or are being used off site, either of which breaks Hoofie's terms of sale.
If people don't like the rules, and don't think they'll follow them, then just don't buy. No one's forcing them to buy!
Just my thoughts :)

Last edited on 2016-07-19 at 05:09:27 by Schweinsteiger Estates

Just my 2 cents...

When I sell a character, I figure, the buyer paid for it...it becomes the property of the buyer.. The only rule I have is that I maintain the credit for the design and that stays with the art.
. Some people pay big bucks for charries...Im not gonna place restrictions on them for their use.. You bought it, its yours... feel free to do with it as you wish...you dont need my permission to resell.

Again, just my own personal way when it comes to selling characters..To each their own I believe.. If someone is not comfortable with a seller's rules...they have the option of refusing to purchase..its that easy

Thanks both for your opinions too :3
And remember folks, I'm not asking if you think the rules are fair, only for your views on reclaiming ;) Nothing's set in stone yet. I'm not saying "yes, I'm going to rip those out of you hands!!" I'm merely asking for opinions.

If it's stated in the rules that, if they're not being used (and if these characters haven't been seen for such a long time) then Hoofie can reclaim them, then that's totally her right. People accepted that when they purchased the character.

I agree with maple, in that I think many of your rules are unfair. Regardless, the rule of informed consent still applies; that is, if you made sure they were aware of the rules that came with the character when they bought it, and that breaking them would return the character to you, then these rules are valid. If they broke these rules, rendering the character your property, then they should be entitled to a full refund. (Note that if you did not inform them of these rules at or before they purchased the character, then they are void unless they have since agreed to them.)

Last edited on 2016-07-19 at 05:34:05 by UlyssesBlue (spare)

Well, the rules were right there on the sales topics, so they're well aware of them XD Thanks for your thoughts! Remember, I'm asking for your thoughts so I can decide whether its fair to reclaim or not, so please dun flame me D: Does any actually use characters offline? You know like drawing them and stuff but never to be put on the internet?

Just to clarify, were they explicitly told that the character will go back into your possession if they did not use it regularly or break any of your other rules?

And yes, I use my characters offline all the time. I've got a bunch of artwork I've made of them which I simply collect.

Well, I didn't read through all of the replies but my thoughts are this:

If someone -pays- for a character, be it with EVC, EVD, Cash etc, you got your due out of it, and it no longer belongs to you. It belongs to the person who owned it. It's sad to see a design you've done, and may have really liked yourself, not get used, but it was your choice to sell the character, and now ownership belongs to someone else. It's now their choice how much they want to invest into that character, be it a little, or a lot, or not at all, and just want to have something pretty to look at.

By having a reclaim if unused clause, is a sort of weird way of renting out a character, and not giving true ownership to someone of that character. They're your rules, of course, whether I agree with them or not is irrelevant (And I do disagree with them, no disrespect). I personally tend to avoid sales with those sorts of rules, as when I buy a character, I may have ideas for them, and those ideas may lead them off site, or they may be put on the back burner for whatever reason, and I figure others are quite often found in that little predicament as well, especially if they (like me) have a butt ton of characters. So rules that say something I paid for can be reclaimed (with no refund especially) or not to be used off site, I will avoid like the plague if I realize those are the rules. Keep in mind, I am dyslexic, so sometimes I -DO- miss things that are quite plain for others, despite me reading a rule set 20 times over.

TL:DR: The reclaiming rule is unfair in my thought process, but should be respected if it is a rule.

Because I forgot in my main post, I don't agree with reclaiming characters. If anything it's just a way for someone to reuse the design and profit off it again and again. Not every single design is going to be a major character for people, a lot of them will be background or just not as popular. I just think re-claiming characters is very unfair to the person who buys the character, even if it is in your rules.

Oh, because Im too lazy to log back onto my spare and just edit in what I forgot to add:

A buy back option I think is a fairer way to go.

Alright, I think most peeps find the idea of reclaiming a design an unfair one :) In that case I shall remove it as a rule! Thanks for your thoughts and ideas c: I think re-claiming is less common than I originally thought it was ^-^'

PS I specify no use off site without permission so I know what sites they're on. Should've been clearer on that lol.

I may be on the minority in this, and I get your reasoning, but, I don't think anyone should report back to me about a character they bought on where or what they're going to use them for.

It's another thing I kind of avoid buying..with a rule like that, because, what if the person you bought the character from has vanished, and you have no idea where else they might be to contact them? Then that sort of leaves you up a river without a paddle, and may render that character largely useless to you.


I tend to make my rules as to what I'd expect from someone I myself would have bougbt a character from ^_^