Topic: (C)DNP vs Owner/Commissioner Scenarios

Posted under General

I've looked around for different situations involving DNP and CDNP artists and whether or not the commissioner/owner of their art gets the privilege to circumvent the DNP status. I've seen that the answer is yes, but only if they can provide legally standing proof that they're the sole owner of the art being posted (correct me if I didn't get that right enough).
My question is: Can you have the same privilege if the artist never publicly posted the art? My gut instinct is telling me no, because I think the intention of DNP is to be tied to the artist's work regardless of the availability/publicity, but I'd like to know if that scenario has been covered before.
I guess the purpose of this could be to give character owners another way to have that privilege.

The title sounds misleading, but I'll answer in two parts.

DNP Privilege
  • Only artists get the option to completely exempt themselves from the site, as well as set any special conditions for art to be posted.
  • Commissioners and character owners cannot ask to be included into a DNP list due to practical reasons (i.e., they are never tagged on the post and as such are hard to enforce).
Right to Upload and Takedown
  • Anybody can bypass any restrictions* from DNP if they have written permission from the artist themselves to post here (to be provided in the description or comment), they do not necessarily have to be the commissioner or character owner. *Standard site rules and any extra restrictions added by admins still apply (e.g., no ban evading, underaged artists, etc.).
  • If the artist is on the DNP list and did not give any special permissions to post here, nobody (including the commissioner & character owner) can upload their artworks here.
  • In the absence of DNP, anybody can upload here but the artist, commissioner, character owner, or copyright holder can request for their work to be taken down (see takedown policy).
    • If there is a clash of interests between artist and the other right-holders (i.e., one wants it here while the other does not), we typically just delete it regardless.
    • Very rarely, in the case that the artist sold redistribution rights of a particular artwork to another or if the character owner sold their character to another person, then they'd have priority control over the artwork. Though I have never seen such an instance happen before.

thegreatwolfgang said:
The title sounds misleading, but I'll answer in two parts.

DNP Privilege
  • Only artists get the option to completely exempt themselves from the site, as well as set any special conditions for art to be posted.
  • Commissioners and character owners cannot ask to be included into a DNP list due to practical reasons (i.e., they are never tagged on the post and as such are hard to enforce).
Right to Upload and Takedown
  • Anybody can bypass any restrictions* from DNP if they have written permission from the artist themselves to post here (to be provided in the description or comment), they do not necessarily have to be the commissioner or character owner. *Standard site rules and any extra restrictions added by admins still apply (e.g., no ban evading, underaged artists, etc.).
  • If the artist is on the DNP list and did not give any special permissions to post here, nobody (including the commissioner & character owner) can upload their artworks here.
  • In the absence of DNP, anybody can upload here but the artist, commissioner, character owner, or copyright holder can request for their work to be taken down (see takedown policy).
    • If there is a clash of interests between artist and the other right-holders (i.e., one wants it here while the other does not), we typically just delete it regardless.
    • Very rarely, in the case that the artist sold redistribution rights of a particular artwork to another or if the character owner sold their character to another person, then they'd have priority control over the artwork. Though I have never seen such an instance happen before.

Understood, thank you very much! :)
I thought the title was visually interesting but yeah, there wasn't any inherent fight or debate between any artist or any owner.