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Artist's beware has moved!
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Sep. 3rd, 2016 06:12 pm (UTC)
I can't speak to the legalities of the situation, but on ethical grounds, I wouldn't suggest using a character that *maybe* belonged to someone else unless you have specific permission to do so. Not to be harsh, but it doesn't really matter how much they cared for the character, nor does it matter how much of its existence you came up with- if it's not explicitly yours, I don't recommend using it without permission. There's always the option of designing a similar character, with some base traits borrowed from the existing one, so that it's entirely your creation, and if I were in this situation, that's probably what I'd do. Good luck with this, either way, it seems like a bit of a pickle!

Edit: Sorry, but I wanted to add- it sounds like this could maybe cause even MORE friction with your former friend, too, and that's something to consider going forward. No clue why you guys stopped talking, and I don't mean to presume- but putting myself in that person's shoes, I would definitely be miffed if someone I ceased contact with continued to use my character, whether it was amicable or not.

Edited at 2016-09-03 06:16 pm (UTC)
Sep. 4th, 2016 03:40 pm (UTC)
Having seen the edit now, and the unique nature of the parting, I would still recommend not using the character as-is from an ethical standpoint. A lot of the comments approached it from the angle of a bitter parting, but in my opinion, it's still not ethically sound to use a character you don't have specific permission to use, regardless of the nature of the friendship.


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