Brian, the costume is the same. The only difference is the nega-bands which are not really a part of the costume but a tool being used for a specific (albeit long) storyline. If Ditton knew JB wanted to draw the Neal Adams costume (which didn't at that point have the nega-bands)  and Ditton provided a link with a picture of the same costume but failed to point out that he provided that picture because he specifically wanted the version WITH the bands, not just to confirm the general costume, then JB was clearly not in a position to know that for certain, or even presume it.

But still, it's beside the point. JB has repeatedly said that if people don't like the finished version, they don't have to buy it. He even offered to fix it, but Ditton didn't want the piece if it had white-out on it.

What Ditton did wrong was to use JB's artwork and have someone else "finish" it after declining to buy the commissioned original. If he had bought the original, had a copy made by a different inker and then resold JB's original, this wouldn't be an issue.

Joe, I already threw in my 2 cents on the shenanigans. "Low rent. Etc."

JB, a picture is worth a thousand words.  If there is a difference in the confirmation, it lays on Jim's shoulders to clarify.  A big part of customer service is clarifying expectations. Now, by the number of compliments I have seen of Jim, I have no doubt this was just a one time thing.

Knut...if you go into a restaurant and order veal piccata put point to a picture of veal marsalla since that is what you really wanted, what would you expect the waitor to do? To me, if that waitor has good customer service skills, he will correct me on the difference so that there is no misunderstanding.

In this case, when a confirmation was sent, the reply should have been "No. That isn't what you are getting." Because it wasn't what he was going to get. It is one drawing, one set of pencil marks. The pencil marks go on a piece of paper looking like the reference, or they don't.

Does it? The layout and linework was plagiarized. I'm thinking of a
comparable situation with Hollywood spec scripts. Even though the
properties belong to the studios, studios will refuse to look at a spec
script without a waiver or just outright buy a spec script even though they
own the rights to a character, because if elements unique to that script
show up in later work, they leave themselves open to a lawsuit.

---------------

Most certainly it would not be a "gray area".

I don't recall seeing that She Hulk before.  Not saying I haven't seen it, but I just do NOT recall it at this point. 

John's policy of paying after the work is complete has worked very well so far, and this incident will hopefully not impact that rule.  I don't believe that Pat set out to reject a piece and have it traced by another artist.  Unfortunately, that is the route that was ultimately taken.  That was one hundred percent categorically WRONG.  I mean that is just obvious--even to Pat.  He knows having another artist copy the piece line for line was wrong.  He did it in anger.

I hope the powers that be will allow him to return so that he can apologize properly, and if he does so, I hope he can return to being a meaningful participant here.

"Now, the individual who has declined the work and not paid me for it, has used the work to get another piece done by a different artist. A cold swipe, save for a few minor details. This is the equivalent of hiring an architect to design a house for you, refusing to pay for his design, then giving a copy of that design to another architect, who adds a few flourishes of his own and calls it "V.2". I'm pretty sure out in the real world that would probably be illegal"

Wow.  I mean wow.  I have a case that is word for word exactly what you described here.  We go to trial in 4 months time