Deviantart Submission Agreements

[Raymei]

Was talking to Denis about this today and he said I should post it up here :P


Those of you on dA might notice that every-so-often they have you agree to submission guidelines.
I got one of those again today, and wondered why I had to agree AGAIN.

Ooooooh, found out why T_T

Posted 'em on my journal
http://raymei.livejournal.com/40843.html


But to summarize (for those of you who don't like to read long, droning legal documents) from the point you first submit ANYTHING to deviantART to when you delete EVERYTHING and e-mail them saying that you want your account terminated, everything you submit is up for grabs to them.

They can sell it, edit it, redistribute it, allow a third party sell/etc, ANYTHING....for free.
They won't owe you a CENT.


So, I'm taking everything down, putting up a journal entry, and high-tailing it out of there.
If you're on dA and value your creations, I suggest you do the same.
I'd rather not get artistically shanked @.@;;;

(sucks tho. I still have about a month of my subscription left T.T grrr... )

[unfocused]

awww i feel sorry for those DAers who value their own work ;_;

haha, and it seems that DA doesn't just own your work, they own your ass too >: )
_________________
"edit : i luv james" - Layzcarter

[Razeal]

Is that for just Subscribed Members?
_________________
Cha Cha Chaaaa

[Brianhjh]

Oh Gawd.



I'm not gonna go delete all my pics, nor do they actually sell people's art work in masses, but the potential pisses me off. >
_________________
[img]http://img.photobucket.com/albums/v233/Brianhjh/emesprani151.gif[/img] "Sarah's future makes me sad." - Benk

[Stratadrake]

dA is already known to be a commercial organization. They have to officially say that as part of their site policy, otherwise they wouldn't be legally able to offer services like dA Prints.

[b]QUOTE[/b] (da policy excerpt - clause 4)

The rights and licenses granted to deviantART under sections 3 and 4 of this Agreement [b]require deviantART to obtain Artist consent before deviantART makes any commercial agreement with anyone else[/b] to separately buy, license, re-sell or re-publish or commercially use any Artist Materials not in association with deviantART but as an individual work of art in isolation from any other works.[/quote] In other words, yes, they do own the [i]files you submit to[/i] your dA account. _________________ Strata here: [url=http://www.nanowrimo.org/eng/user/242293]Nanowrimo[/url] - [url=www.fanart-central.net/user-Stratadrake.php]FAC[/url] - [url=http://stratadrake.deviantart.com]dA[/url] - [url=www.furaffinity.net/user/Stratadrake/]FA[/url] [size=9]Disclaimer: Posts may contain URLs. Click [url=http://tvtropes.org/pmwiki/pmwiki.php/Main/TVTropesWillRuinYourLife]at your own risk.[/url][/size]

[unfocused]

[quote="Brianhjh (Moon Ki)"] Oh Gawd.



I'm not gonna go delete all my pics, nor do they actually sell people's art work in masses, but the potential pisses me off. > [/quote]
in all honesty, only the really great artists should be worried, i'd be if i was one of them.
_________________
"edit : i luv james" - Layzcarter

[Raymei]

[quote="Razeal (Raz)"] Is that for just Subscribed Members? [/quote]
nope.


[quote]in all honesty, only the really great artists should be worried, i'd be if i was one of them. [/quote]

Not necessarily.
You can be really popular without being really great.
It's like.... hm.... Like if denis printed that Pienemien comic and selling it himself.
She's not the best on FAC, but she's insanely popular on the site.


A lot of webcomic artists post on dA (several of which recently got picked up by Seven Seas Ent. for publishing)




There's also been some problems with people who submit their prints for sale on dA. But I have to talk to Jenni (Jenniberry) about that one again, since I forgot the exact circumstance.
Either way, I don't trust dA.

[unfocused]

[quote="Raymei (Raymei A. L. Klisea)"] [quote]in all honesty, only the really great artists should be worried, i'd be if i was one of them. [/quote]

Not necessarily.
You can be really popular without being really great.
It's like.... hm.... Like if denis printed that Pienemien comic and selling it himself.
She's not the best on FAC, but she's insanely popular on the site. [/quote]
well ya, thats what i mean, like [i]they[/i] say "if it sells".
_________________
"edit : i luv james" - Layzcarter

[fallenangel]

Not this again.

How many times are people gonna cry about the agreements that are there to [i]cover everyone's ass[/i]? And here's why. It's a contest button right now, but we've all seen those little ads for the print service with people's arwork in them. Those artists aren't getting paid for that. Hell, there's a bigass banner on the front of the print shop as an example. Why should they get paid? It's the equivalent of having your work hanging in the front window of a gallery, they shouldn't have to pay you just based on where in the store they hang it. Either way, it's your work and pointing to your price tag.

The agreement is there because of COPYright. If they used your file to make thumbnails, or product previews in your store, or heaven forbid gave you some advertising by using it in the ads, a person could technically sue. And probably make a nice little settlement on a technicality. If that agreement wasn't there, they couldn't legally display your art AT ALL. No gallery display, no thumbnails, no product previews, nothin'. Because that would be copying your work in a way you didn't agree to.

That's why that section of the agreement is there. If you don't want your work used in advertising, don't make prints, or at least don't make good ones. DA is huge, they aren't some piss ant little company who's gonna run off and sell your work on mousepads on Ebay. It's not worth it. How long do you think they'd get away with it before being pointed out and have half the site leave? Spyed may not be a genius with the way he handled the Jark situation, but he is a good businessman and would not be so stupid.

Artists who run away from the legal agreements are the same ones who slap ugly watermarks on their work. (which don't work at all I might add, except to ruin the art, but I digress...)
_________________
"I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall

[Lizkay]

I know.. and I say, I don't care! I really don't care...

If you don't want your art to be taken or whatever, keep it away from the internet. Even if you just upload low res. art and also if its just on your personal website, there is no difference these who want to take your work and want to make profit of it do so... they find a way, I saw and see it still.

I just can say, I like DA, and why the heck shouldn't they be commerzial? No community in that size could stay alive without any comerzial background, there are so many people working behind it, why should they do it all for free? No way I don't want to say, Hey you nice people go take my art and make money with it cause you are so nice.. no no, I just want to say that they have the right to if you agree to it, they ask you. As said, I don't think that they make any profit with me or my works, only that what I pay for my subscribiton, but DA fills my commission list every month so I can say its more the inverse way for me, also for these people who have prints which sell well. If DA would be that mean and would take the art and make money with it, just as they like, there wouldn't be any good artist there anymore... but as we see, there are still enough great peeps there. ... well hate me for it, but I still like DA... end.
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- hmm... did someone say "MUFFIN"? -

[cstdenis]

[quote]It's like.... hm.... Like if denis printed that Pienemien comic and selling it himself.[/quote]
Hmm, I should look into doing that ... With her permission of course.
_________________
You will obey or molten silver will be poured into your ears.

[Stratadrake]

[quote](which don't work at all I might add, except to ruin the art, but I digress...)[/quote]
That's why I keep my watermarks small, so that they don't damage the art -- since as you pointed out, if someone's dedicated enough to erase/remove sigs and watermarks, they'll find ways to do it no matter where the watermark is placed.

I can agree with the points you bring up, Raymei, but I fear you may be taking bits and pieces at a time, rather than looking at it as a whole.

Like the Wikipedia article says, much of the controversy over dA's license agreement are because people don't [i]fully understand it[/i], and dA's site staff isn't very communicative on the subject.

This is what I get out of dA's policy:

[b]QUOTE[/b] (How dA's policy sounds through Strata's eyes)
BEFORE CLICKING THE "I AGREE" BUTTON, MAKE SURE YOU DIDN'T JUST SKIM, GLOSS OVER, OR OTHERWISE CHICKEN OUT ON READING ALL OF WHAT FOLLOWS.  READ IT IN DETAIL AND MAKE SURE YOU DON'T HAVE ANY MORAL OR ETHICAL PROBLEMS WITH WHAT WE SAY BECAUSE LIKE IT OR NOT, IN ORDER TO AGREE TO THIS, YOU NEED TO ACTUALLY *AGREE* WITH THE FOLLOWING RULES.  OTHERWISE, IT'S IN YOUR BEST INTEREST TO SIMPLY LEAVE AND NEVER COME BACK, BECAUSE IF YOU CLICK "I AGREE" TO SOMETHING IN WHICH YOU REALLY DO NOT AGREE, YOU WILL ONLY CAUSE US A LOT OF PROBLEMS. Here begins a very longwinded and legally CYA agreement ("Agreement") between you (the "Artist"), and deviantART, Inc.  ("deviantArt"), covering any and everything ("Artist Materials") which you have uploaded, or are going to upload, to your personal dA account, dA itself, and/or its related sister sites, and concerning what you must allow us to do with the stuff you've uploaded.  We realize that uploading stuff to your dA account gives you exposure to other artists, which in turn gives us more publicity. 1.  Duration of Contract.  This agreement begins when you first submit something to your dA account, and ends when you remove all uploads from your dA account and formally ask that your account be deleted (or, if you get permanently banned from dA).  And if you do get banned, we expect you to leave in an orderly fashion, not just sign up again under a new account. 2.  Ownership.  You're still the owner of all intellectual and creative rights (including copyrights) to the art you've created and uploaded, except of course the [b]non-exclusive[/b] legal rights which we must have to display your image to other users on our site, and any rights or permission you might grant to other artists about your art. 3.  License.  In order to display your images and submissions to other users, we need to have the following permissions from you: 3a - To transmit copies of your image to other users as necessary for their viewing pleasure; 3b - Including, of course, sending copies of your image to other users across the Internet, for their viewing pleasure; 3c - To create resized and/or thumbnailed versions of your image for the above purpose (3b); 3d - To give equal license and permission to anyone that you yourself give license and permissions to use (provided that they've also agreed to these terms). 3e - You do realize that you don't have any rights to anything with which [b]we[/b] display your images on or with, such as the design of your profile and gallery pages, or the shadow effect surrounding thumbnails of your pictures.  Right? 3f - We may use your images in any of the above fashions for any purpose, such as the promotion of you as a dA user, or us as a website (for example, the "Daily Deviations"), or for discussion of marketing issues (such as banners advertising dA). 3g - Yes, we're referring to ANYTHING that you submit to your dA gallery here, whether it's an drawing, painting, oekaki, journal entry, avatar, or so on. 4. Name and Likeness. We also need: 4a - Permission to use your username in connection with your pictures, for whatever reason (see 3f); 4b - You to not take any offense at the above, and the same goes for anyone or anything portrayed in your submissions, and; 4c - Permission to use depictions of anyone or anything in your pictures for the same purposes as the image itself. 5.  Limitations.  We will, in writing, ask you for permission before [b]commercially[/b] using or licensing your works for the above purposes (parts 3 and 4).  Be aware, allowing your artwork to appear on services like deviantPrints or deviantMobile constitutes giving us such permission.  If you don't want to give permission for this, then don't volunteer your pictures for it when submitting them to your gallery. On the other hand, understand that we don't need any extra permission to use your image for the above purposes when displaying your image as a part of our site, such as Daily Deviations, thumbnails, and so on. 6.  Payment.  Unless otherwise negotiated in writing between you and us (for example, deviantPrints), you won't get paid for use or display of your images on our site. 7.  Representations and Warranties - You agree that: 7a - That whatever you submit to your account actually belongs to you, and thus [b]you[/b] are actually the one able to give us the above rights; 7b - That, if the above does not apply, then you yourself have acquired the necessary permissions from the original owner and are allowed to, in turn, give those permissions to us; 7c - That is, if the above (7b) applies, then we will not offend the original artist by our use and display of those images; 7d - That you aren't lying through your teeth about any of the above; 7e - That your submissions don't violate any of your local state, federal, or country laws; 7f - That your images don't contain anything like libel or pornography, for which we could potentially be sued over; 7g - That you won't upload viruses, worms, or otherwise attempt to hack our website and/or its files; 7h - That if you're under 18, that we will legally enforce these terms in your place simply because you aren't yet legally able to do so yourself. These warranties are guaranteed to [i]not[/i] expire at the end of your stay at deviantART. 8.  Payments.  You, not us, are responsible for paying any third-party royalties regarding your use of their property in your submissions. 9. Idemnity.  You agree that you won't blame us for any s**t hitting the fan due to: 9a - You using and submitting to dA; 9b - Any violation by you of this policy; 9c - Any violation of third-party copyrights in your submissions; 10.  Site Performance.  You must realize we occasionally have technical difficulties arising from complex site architecture and loads upon loads of visitor traffic.  We can't guarantee that other visitors will actually find and view your images (let alone comment on them), nor can we guarantee that the images will always download to their end without interruption or errors. We also maintain a right to remove your submissions or revoke licenses if they violate these terms, or if it is necessary for site performance (which it shouldn't be).  We don't control or monitor the content of your submissions, because we don't want to be held responsible for that; it's your job instead. Also keep in mind that if dA "disappears" or goes permanently offline for any reason, then we aren't responsible for returning or recovering what you've submitted to your account -- you alone are responsible for keeping backups and/or originals of your work in your posession. 11. No Warranty!  WE DISCLAIM AS MANY OTHER WARRANTIES AS WE LEGALLY CAN, SUCH AS: 11a - ANY WARRANTIES REGARDING UNINTERRUPTED OPERATIONS AND SERVICE OF dA ITSELF; 11b - ANY IMPLIED WARRANTIES REGARDING YOUR USE OF THE dA SITE ITSELF.  WE WON'T TRY TO SEND YOU VIRUSES, WORMS, OR SO ON WHEN VISITING THE SITE, BUT WE CAN'T GUARANTEE THAT SOMEONE ELSE WON'T. 12.  Not Liable For Third Party Use!  WE CANNOT BE HELD RESPONSIBLE FOR ANYONE ELSE'S VIEWING, DOWNLOADING, OR OTHERWISE USING WHAT YOU HAVE SUBMITTED TO YOUR dA ACCOUNT, ESPECIALLY IF THEIR INTENDED USE IS NOT PERMITTED BY THESE TERMS.  IF THAT HAPPENS, THEN YOU, ALONE, WILL BLAME THEM ALONE, AND NOT US. 13.  Exclusion of Damages.  AS MUCH AS LAW ALLOWS, dA AND ITS STAFF ARE NOT LIABLE FOR ANY LOSSES WHATSOEVER (such as any punishment or bans due to violations of this policy by the user, or technical problems with dA itself). 14.  Copyrights, Trademarks.  dA, its logo, mascot, layout, are trademarks of deviantART Inc., LLC, and you may not use them unless we specifically give you written permission first.  Any other trademarks that appear on our site are the property of someone else, such as an advertising sponsor, and you may not use them without their owner's permission, either. 15. Miscellaneous. 15a.  WE WROTE THIS FROM THE PERSPECTIVE OF CALIFORNIA STATE LAW.  IT APPLIES REGARDLESS OF WHEREVER YOU LIVE, AND ANY COURT RELATED MATTERS OR CHARGES MUST BE BROUGHT BEFORE THE STATE OR FEDERAL COURT IN LOS ANGELES, CALIFORNIA, AND NOT SOME OTHER COURT BODY. 15b.  Assignment.  This is our agreement, and we have the right to make this agreement with anyone.  You do not. 15c.  Notice.  All discussion regarding this agreement must be in writing and physically mailed to our legal department (deviantART Inc., LLC, 7095 Hollywood Blvd #788 Hollywood, CA 90028, ATTN: Legal Department).  They will be dated according to when they actually arrive.  We only acknowledge US mail, delivery services (UPS, FedEx, etc.) personal delivery, or fax. 15d - Big Picture.  You need to understand all of this. 15c - Modification.  We, alone, reserve the right to update or change this policy at any time, and only the most recent version applies at any one time.  If we make any important changes, we will notify you by e-mail, because those changes are retroactive and govern not only what you submit in the future, but what you've already submitted in the past.  If we make changes that you don't agree with, the only way to NOT agree to them is to leave -- take down all of your submissions and request your account be deleted -- as doing so will free you of this contract.  Otherwise, we will accommodate you only by actual negotiation and a written agreement (though we probably won't go to all that trouble just for one user). 6.  Survival.  Sections 1, 3e, 4b, 5, thru 8, and 10 thru 15 continue to apply even after termination (i.e., account deletion or bans).  In addition, any further permission you have given to third parties for display or use of your submissions (as per Section 3) will also survive.  The same goes for "backup copies" of the dA site itself.[/quote] (Paraphrasing all that was actually a little fun ) [b]QUOTE[/b] (Raymei) Those of you on dA might notice that every-so-often they have you agree to submission guidelines.[/quote] Well, duh! How would you like it if they changed/updated the rules at will, without asking you to review and re-agree to the new version? Agreement to the rules is like signing a contract -- [b]if the contract gets changed, it needs to be re-signed.[/b] (Related: We're working on some new FAC rules. There aren't any major changes, but I feel everyone should be required to re-agree to them, just to be sure) _________________ Strata here: [url=http://www.nanowrimo.org/eng/user/242293]Nanowrimo[/url] - [url=www.fanart-central.net/user-Stratadrake.php]FAC[/url] - [url=http://stratadrake.deviantart.com]dA[/url] - [url=www.furaffinity.net/user/Stratadrake/]FA[/url] [size=9]Disclaimer: Posts may contain URLs. Click [url=http://tvtropes.org/pmwiki/pmwiki.php/Main/TVTropesWillRuinYourLife]at your own risk.[/url][/size]
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Brianhjh   Joined: 25 Sep 2004 Posts: 8014 Location: Queen's University	Posted: Sat Jan 21, 2006 5:51 pm    Post subject: I think that the point of Art is to have your artstyle known everywhere, you never need any identification on it other than the art itself. 90% of the time, I just sign my name on the back of the sheet, I don't like seeing words in the pictures, all the writings in my pictures have been gibberish. _________________ [img]http://img.photobucket.com/albums/v233/Brianhjh/emesprani151.gif[/img] "Sarah's future makes me sad." - Benk
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Raymei Oldbie Joined: 31 Dec 1969 Posts: 2115 Location: California	Posted: Sat Jan 21, 2006 11:17 pm    Post subject: [quote="fallenangel (fallen)"] How many times are people gonna cry about the agreements that are there to [i]cover everyone's ass[/i]? [/quote] Well, leaving dA is covering MY ass. someone on dA ended up on the wrong end of this. Guy gets banned for this comment he made (which he...probably should have watched what he said) but he gets banned, can't log into his account to delete anything, and dA is still making money selling his prints (which he no longer gets a cut from) Real messed up thing about that is this "contract" ends when you delete your submissions, but he's not being allowed to do such
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Ogrim_Doomhammer Oldbie Joined: 06 Dec 2004 Posts: 2116	Posted: Sat Jan 21, 2006 11:30 pm    Post subject: So if you don't have prints there is no problem with posting your art on DA or there is? I know that no one would print my stuff because I'm not so good but I wouldn't like a guy in China printing thousands of copies of something I did without knowing it... _________________ [url=http://www.fanart-central.net/user-Ogrim_Doomhammer.php][img]http://i19.photobucket.com/albums/b167/Ogrim_Doomhammer/lennonbannercopy.jpg[/img][/url] www.pandora.com Find New Music You Like.... Free
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fallenangel Site Admin Joined: 31 Dec 1969 Posts: 9216 Location: Los Angeles	Posted: Sat Jan 21, 2006 11:32 pm    Post subject: Boohoo for him. Point is, the same agreements cover DA's ass for people who leave the site and don't remove their images. There's thousands of dead accounts from people who haven't been to the site in years, but their work is still displayed in their galleries. Unless one expects to be banned in the future, I don't see the issue. _________________ "I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall
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Paru Forum Scalleywag Joined: 13 Mar 2004 Posts: 932 Location: The land of Soybeans	Posted: Sat Jan 21, 2006 11:33 pm    Post subject: Frankly, I don't care. Money is nice, but I'd much rather have exposure for my art. I'll probably never get that much of either from DA...but yanno, it's the principle of the thing... _________________ a jelly calypso castle in the sky
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Stratadrake Elder Than Dirt Joined: 05 May 2004 Posts: 13721 Location: Moo	Posted: Sun Jan 22, 2006 12:01 am    Post subject: [b]QUOTE[/b] (fallenangel) Unless one expects to be banned in the future, I don't see the issue.[/quote] Touch. [b]QUOTE[/b] (Raymei) ...and dA is still making money selling his prints...[/quote] If it was a temporary ban (a suspension), then it's basically an inconvenience, because things will go back to normal. Or, if it was a permanent ban, then the dA staff will have to remove his gallery along with it (and, because we don't know what other obligations they have to do, that could take awhile). Did [i]you[/i] have a dA Prints account yourself, Raymei? _________________ Strata here: [url=http://www.nanowrimo.org/eng/user/242293]Nanowrimo[/url] - [url=www.fanart-central.net/user-Stratadrake.php]FAC[/url] - [url=http://stratadrake.deviantart.com]dA[/url] - [url=www.furaffinity.net/user/Stratadrake/]FA[/url] [size=9]Disclaimer: Posts may contain URLs. Click [url=http://tvtropes.org/pmwiki/pmwiki.php/Main/TVTropesWillRuinYourLife]at your own risk.[/url][/size] Back to top Raymei Oldbie Joined: 31 Dec 1969 Posts: 2115 Location: California Posted: Sun Jan 22, 2006 12:25 am    Post subject: no, but it didn't say you HAD to have prints. This wasn't a print agreement, it was a general submission agreement. It says that if you submit something, ANYTHING then they have the right to do with it as they please. That was just an example of something that happened. Basically the way I see it is the same reason why they'll put "WARNING: contains nuts" on a package of Peanut M&Ms (or a can of Planters Nuts, which I've actually seen @.@ ) And don't get your panties in a twist, Fallen. I'm not calling upon the forces of FAC to rise up against dA or anything T.T I'm posting this here because most of the time people are in such a hurry to post something they just scroll down to "agree" not thinking anything of it since they're not asking for your real name or credit cards or antyhing. Back to top fallenangel Site Admin Joined: 31 Dec 1969 Posts: 9216 Location: Los Angeles Posted: Sun Jan 22, 2006 12:43 am    Post subject: And I get tired of people who are unfamiliar with legal agreements written by lawyers screaming and bitching about every update to the terms that are [i]not going to hurt you or your art.[/i] It's written that way because it has to be, should some moron decide he wants to make a quick buck and sue DA for displaying his picture in one of their "unknown artists" articles. He didn't agree to be in that article, so he claims damages. That's all it is, they're not going to steal all the good art and run, it doesn't make sense for them. Look at the high sellers, Pu-Sama, Nimra, Enayla... The ones that actually MAKE MONEY for DA with their prints. It can be assumed that their art is the most desired, yes? So it would make sense for that to be the art they "use however they want". But having 20 of those people happily selling prints is far more profitable than using one in a shady way and driving all the others to delete their accounts. The only legal agreements to be worried about are those written by clients that give them exclusive rights, meaning even YOU don't have the legal right to use your own work in any way. Game art, character designs... DA isn't asking for that. They're just ensuring that however it comes up to reproduce the work on the site (articles, features, etc.) will not be a legal issue. I believe Strata's point was that if you don't have a print, it's no harm, no foul. They're not going to suddenly turn your work into prints and sell them. You have to submit each piece for print and agree to a whole new set of terms in order to do so. (and just as a sidenote to strata - They have a new system that will give you I believe it's 10% of the profit if you don't have a print account, but you still have to agree to the separate print terms when you do that) I also don't have any panties to get in a twist. _________________ "I care about people as much as I care about lawn furniture" - Dexter/Michael C. 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[Brianhjh]

I think that the point of Art is to have your artstyle known everywhere, you never need any identification on it other than the art itself.


90% of the time, I just sign my name on the back of the sheet, I don't like seeing words in the pictures, all the writings in my pictures have been gibberish.
_________________
[img]http://img.photobucket.com/albums/v233/Brianhjh/emesprani151.gif[/img] "Sarah's future makes me sad." - Benk

[Raymei]

[quote="fallenangel (fallen)"] How many times are people gonna cry about the agreements that are there to [i]cover everyone's ass[/i]? [/quote]
Well, leaving dA is covering MY ass.


someone on dA ended up on the wrong end of this.
Guy gets banned for this comment he made (which he...probably should have watched what he said) but he gets banned, can't log into his account to delete anything, and dA is still making money selling his prints (which he no longer gets a cut from)

Real messed up thing about that is this "contract" ends when you delete your submissions, but he's not being allowed to do such

[Ogrim_Doomhammer]

So if you don't have prints there is no problem with posting your art on DA or there is? I know that no one would print my stuff because I'm not so good but I wouldn't like a guy in China printing thousands of copies of something I did without knowing it...
_________________
[url=http://www.fanart-central.net/user-Ogrim_Doomhammer.php][img]http://i19.photobucket.com/albums/b167/Ogrim_Doomhammer/lennonbannercopy.jpg[/img][/url]

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[fallenangel]

Boohoo for him. Point is, the same agreements cover DA's ass for people who leave the site and don't remove their images. There's thousands of dead accounts from people who haven't been to the site in years, but their work is still displayed in their galleries.

Unless one expects to be banned in the future, I don't see the issue.
_________________
"I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall

[Paru]

Frankly, I don't care.
Money is nice, but I'd much rather have exposure for my art.

I'll probably never get that much of either from DA...but yanno, it's the principle of the thing...
_________________
a jelly calypso castle in the sky

[Stratadrake]

[b]QUOTE[/b] (fallenangel)
Unless one expects to be banned in the future, I don't see the issue.[/quote] Touch. [b]QUOTE[/b] (Raymei) ...and dA is still making money selling his prints...[/quote] If it was a temporary ban (a suspension), then it's basically an inconvenience, because things will go back to normal. Or, if it was a permanent ban, then the dA staff will have to remove his gallery along with it (and, because we don't know what other obligations they have to do, that could take awhile). Did [i]you[/i] have a dA Prints account yourself, Raymei? _________________ Strata here: [url=http://www.nanowrimo.org/eng/user/242293]Nanowrimo[/url] - [url=www.fanart-central.net/user-Stratadrake.php]FAC[/url] - [url=http://stratadrake.deviantart.com]dA[/url] - [url=www.furaffinity.net/user/Stratadrake/]FA[/url] [size=9]Disclaimer: Posts may contain URLs. Click [url=http://tvtropes.org/pmwiki/pmwiki.php/Main/TVTropesWillRuinYourLife]at your own risk.[/url][/size]
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Raymei Oldbie Joined: 31 Dec 1969 Posts: 2115 Location: California	Posted: Sun Jan 22, 2006 12:25 am    Post subject: no, but it didn't say you HAD to have prints. This wasn't a print agreement, it was a general submission agreement. It says that if you submit something, ANYTHING then they have the right to do with it as they please. That was just an example of something that happened. Basically the way I see it is the same reason why they'll put "WARNING: contains nuts" on a package of Peanut M&Ms (or a can of Planters Nuts, which I've actually seen @.@ ) And don't get your panties in a twist, Fallen. I'm not calling upon the forces of FAC to rise up against dA or anything T.T I'm posting this here because most of the time people are in such a hurry to post something they just scroll down to "agree" not thinking anything of it since they're not asking for your real name or credit cards or antyhing.
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fallenangel Site Admin Joined: 31 Dec 1969 Posts: 9216 Location: Los Angeles	Posted: Sun Jan 22, 2006 12:43 am    Post subject: And I get tired of people who are unfamiliar with legal agreements written by lawyers screaming and bitching about every update to the terms that are [i]not going to hurt you or your art.[/i] It's written that way because it has to be, should some moron decide he wants to make a quick buck and sue DA for displaying his picture in one of their "unknown artists" articles. He didn't agree to be in that article, so he claims damages. That's all it is, they're not going to steal all the good art and run, it doesn't make sense for them. Look at the high sellers, Pu-Sama, Nimra, Enayla... The ones that actually MAKE MONEY for DA with their prints. It can be assumed that their art is the most desired, yes? So it would make sense for that to be the art they "use however they want". But having 20 of those people happily selling prints is far more profitable than using one in a shady way and driving all the others to delete their accounts. The only legal agreements to be worried about are those written by clients that give them exclusive rights, meaning even YOU don't have the legal right to use your own work in any way. Game art, character designs... DA isn't asking for that. They're just ensuring that however it comes up to reproduce the work on the site (articles, features, etc.) will not be a legal issue. I believe Strata's point was that if you don't have a print, it's no harm, no foul. They're not going to suddenly turn your work into prints and sell them. You have to submit each piece for print and agree to a whole new set of terms in order to do so. (and just as a sidenote to strata - They have a new system that will give you I believe it's 10% of the profit if you don't have a print account, but you still have to agree to the separate print terms when you do that) I also don't have any panties to get in a twist. _________________ "I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall
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[Raymei]

no, but it didn't say you HAD to have prints.
This wasn't a print agreement, it was a general submission agreement.
It says that if you submit something, ANYTHING then they have the right to do with it as they please.

That was just an example of something that happened.


Basically the way I see it is the same reason why they'll put "WARNING: contains nuts" on a package of Peanut M&Ms (or a can of Planters Nuts, which I've actually seen @.@ )



And don't get your panties in a twist, Fallen.
I'm not calling upon the forces of FAC to rise up against dA or anything T.T I'm posting this here because most of the time people are in such a hurry to post something they just scroll down to "agree" not thinking anything of it since they're not asking for your real name or credit cards or antyhing.

[fallenangel]

And I get tired of people who are unfamiliar with legal agreements written by lawyers screaming and bitching about every update to the terms that are [i]not going to hurt you or your art.[/i]

It's written that way because it has to be, should some moron decide he wants to make a quick buck and sue DA for displaying his picture in one of their "unknown artists" articles. He didn't agree to be in that article, so he claims damages. That's all it is, they're not going to steal all the good art and run, it doesn't make sense for them.

Look at the high sellers, Pu-Sama, Nimra, Enayla... The ones that actually MAKE MONEY for DA with their prints. It can be assumed that their art is the most desired, yes? So it would make sense for that to be the art they "use however they want". But having 20 of those people happily selling prints is far more profitable than using one in a shady way and driving all the others to delete their accounts.

The only legal agreements to be worried about are those written by clients that give them exclusive rights, meaning even YOU don't have the legal right to use your own work in any way. Game art, character designs... DA isn't asking for that. They're just ensuring that however it comes up to reproduce the work on the site (articles, features, etc.) will not be a legal issue.


I believe Strata's point was that if you don't have a print, it's no harm, no foul. They're not going to suddenly turn your work into prints and sell them. You have to submit each piece for print and agree to a whole new set of terms in order to do so.

(and just as a sidenote to strata - They have a new system that will give you I believe it's 10% of the profit if you don't have a print account, but you still have to agree to the separate print terms when you do that)

I also don't have any panties to get in a twist.
_________________
"I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall