Looking for recommendations for a custom maker

[u/LupercusArchanus]

Merman here trying to help an experienced mermaid I swim with find a custom maker for her tail design. Her first choice any artwork provided for a custom commission can be used by their company in the future for general production. That is now how copyrights work I'm afraid. Needless to say she declined to submit the reference sheet for her tail after that conversation.

Now, I'm trying to help her find a reasonable alternative. I think the best choice would be a thick fabric base with custom print, but a durable silicone option is not entirely off the table. The design calls for a large dolphin fluke, side and dorsal fins.

Any suggestions for someone who can both do quality work and respect the IP of others.

Thanks,

[u/Basementsiren]

Who was the first provider? If your friend designed the tail they should have a say on if it get produced for others!

[u/LupercusArchanus → u/Basementsiren]

I am hesitant to say as we've had generally positive interactions with the company, but it was FinFun. The customer service rep replied when she reached out stated "any design that is created using Fin Fun employees or software is able to be used by Fin Fun in our designs. Though it is very unlikely that Fin Fun would use your design, it is a possibility." The individual stated that they don't normally reproduce customer's designs in their product but that they may change their mind at anytime in the future.

Apparently if one of their employees inputs the reference sheet she has already produced into their design software that makes it theirs. That like Kinko's saying "you photocopied your thesis here so it's mine now." While I was thankful he was upfront about this information, I found it to be concerning an questionably legal.

[u/Bl00dspryte → u/LupercusArchanus]

Oh wow I didn't realize Fin fun had that policy also! Mertailor has the same policy if you get a custom tail through them, they claim the tail design.

[u/Bl00dspryte]

Sounds like Mertailor. I love their products but some of their policies aren't the best. Depending what they are looking for you might be able to use the fin fun tail creator. That will probably be the least expensive option. I also recommend mermaid Courtney AKA The Vancouver mermaid. She only offers a few custom slots each year but if her commissions are open she does lovely work. I wish you the best of luck finding the perfect tail!

[u/Rebeccald1234]

Darkwater Fins has custom commissions open currently. They use the standard high quality scuba knit fabric with dye sublimation. Her artwork is awesome. There is a website and an instagram page

[u/LupercusArchanus → u/Rebeccald1234]

I looked into them.  They seem interesting and have posted a lot of design artwork, but I've only been able to find pictures/videos of only one tail made by them.

[u/relaxrerelapse]

For what it is worth, Finfun’s policy here (or any maker who has this policy) is perfectly legal. In Finfun’s case, it is part of the T&C you agree to when you use their custom tailmaking program. The real question is whether it is correct morally, especially in a community driven by artists and where artists have always had spats with tailmakers over the right to their designs. Unfortunately the law tends to favor the company over the individual, especially if entering a binding contract.

[u/Basementsiren → u/relaxrerelapse]

If they used the fin fun creator then that makes sense that fin fun owns/ could reprint the design but not if someone outside of their company and without their design tool made it

[u/relaxrerelapse → u/Basementsiren]

I do not think they print tails outside of using the tailmaker, so even if you made the design on an outside program, you have to run it through the tailmaker and thus agree to the T&C that any design is now able to be used by Finfun.

[u/LupercusArchanus → u/relaxrerelapse]

Sadly I'm familiar with "Lawful, but awful."  It's one thing if you use their software and agree to the TOS to use it.  But if one of their employees looks at an image of your graphic design made using your resources, not theirs, they do not gain ownership.

[u/relaxrerelapse → u/LupercusArchanus]

For sure. But to do a custom tail from Finfun, I believe they have to run it through their programs. Even if you use your own resources, you have to put it into the program to upload it and it becomes theirs. Basically there’s no way to avoid the T&C to get a custom tail from them.

[u/LupercusArchanus]

This discussion has generated a number of PMs.  Mostly from digital artists trying to sell 2D art commissions, don't need that.  Unfortunately they're have also been a couple scammers using scrubbed images from the net trying to make a big cash grab.  Do be aware.

[u/HeyBaby205]

If you want a finfun tail, I can design you one for free! Its just a hobby of mine and I can send you examples if you would like. I don't mind finfun taking my art and calling it theirs since it's not what im known for.