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Author Topic: Talk about a morale crusher.  (Read 2141 times)
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Archangel_Dreadnought
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The King of Princess Jasmine Expansion Art

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« on: Feb 06, 2006, 09:22 PM »
Well, it looks like I won't be using DeviantART anymore. :x

Why? Simple, the "Submission agreement" is a little too hazy on some areas.  Most of all, there are parts in it that basicly say that you forfit all copyrights to your artwork.

I would advise anyone that has stuff there to remove it as soon as possiable.
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JimmyDimples
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« Reply #1 on: Feb 06, 2006, 10:17 PM »
Mmmngh.  That's not good.  A good chunk of my writing there is fanfic stuff anyway, so copyright's not that big an issue, but...

Big loss here from dA.  Sad
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dcmatthews
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« Reply #2 on: Feb 06, 2006, 10:42 PM »
This is confusing. I found this under "Section I: General Terms" of the "Terms of Service Agreement:"

4. Copyright

deviantART is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content without the express, written consent of deviantART. However, deviantART does not claim ownership rights in your works or other materials posted by you to deviantART (Your Content). (emphasis added)

All well and good, right? Until you come to Section 15, "Submitting Content":

deviantART does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to deviantART a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, you allow third parties to copy, distribute and display your Content. (italic emphasis added; bold emphasis in original)

So although they claim no ownership in your art, they can pretty much do with it what they want as though they did own it, and don't have to pay you a dime for it.

And I was actually considering opening a deviantART account...  :-o
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BlackKusanagi
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« Reply #3 on: Feb 06, 2006, 11:34 PM »
Just great...now I need to find a website... >_
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Tolan
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« Reply #4 on: Feb 06, 2006, 11:53 PM »
.................th at's the reason why I left Geocities.....
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G-Man
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« Reply #5 on: Feb 07, 2006, 12:13 AM »
Quote from: dcmatthews on Feb 06, 2006, 10:42 PM
This is confusing. I found this under "Section I: General Terms" of the "Terms of Service Agreement:"

4. Copyright

deviantART is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content without the express, written consent of deviantART. However, deviantART does not claim ownership rights in your works or other materials posted by you to deviantART (Your Content). (emphasis added)

All well and good, right? Until you come to Section 15, "Submitting Content":

deviantART does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to deviantART a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, you allow third parties to copy, distribute and display your Content. (italic emphasis added; bold emphasis in original)

So although they claim no ownership in your art, they can pretty much do with it what they want as though they did own it, and don't have to pay you a dime for it.

And I was actually considering opening a deviantART account...  :-o

That last bit, it actually sounds similar to a clause that I added to the terms of service of an imagehosting site (similar to imageshack) that I've been working on.

However, my intention was to try to build in permission for me to implement site features, and protect myself, rather than to steal somebody's work

Here is the section of my ToS paraphrased, with my comments in parentheses:

By uploading a file, you give permission to use the file for promotional purposes, without compensation. (this line was intended to allow the display of "featured" content. Say a really cool work of art was posted, I could display it on the front page as a featured work)

You retain the full copyright ownership of any file uploaded. However, you also grant permission to host and display your image as described in this document and our privacy policy indefinately. You cannot revoke this permission. (This was intended to try to protect me from somebody trying to sue me for hosting something. Essentially, as I intended it, it means you can't post something and then sue me for hosting it. Also it would let me implement a search feature, since even though it wasn't specified in the ToS, it would constitute displaying the work.)

Any comments on that? Suggestions on how to change it? The site isn't done yet. I'm trying to do three things with all the terms of services and privacy policies. The first is to protect myself, of course. I want to make sure that I prohibit people doing things with the service that are going to get me in trouble. The second is to protect the people using the site. I want to make sure that people can't claim that I'm stealing or doing something wrong. The third thing I'm trying to do is leave myself some leeway for new site features. As I mentioned, a "featured image" or search function would be something I'd want to allow myself room for in the future.

If you have any ideas, I'm open to suggestions.
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mangamuscle
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« Reply #6 on: Feb 07, 2006, 01:07 AM »
Quote from: dcmatthews on Feb 06, 2006, 10:42 PM
Please note that when you upload Content, you allow third parties to copy, distribute and display your Content.
Seems to me this clause is so that you do not sue deviantart for allowing your art to be copy, distribute and display by third parties (specialy if those third parties make a profit out of it, has happened before). But that is just my opinion, I am not lawyer, but it is a fact that in the USA live one out of three lawyers and lawsuits are way of life.
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Amazon Lover
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« Reply #7 on: Feb 07, 2006, 08:36 AM »
I think it's just like any other image you put online.  Even if you  had your own website, someone could copy the image and distribute it at their will.  DA is simply giving a warning that when you put ANY picture online, people may do with it what they wish, not that they condone it.  People will steal art from websites and claim it as their own all the time.  My advice?  Put your name on your artwork, so no one can claim it as their own, regardless of whether it's on DeviantArt or anywhere else.
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