Deviantart Submission Agreements

[Stratadrake]

Apparently, this is the reason for having to agree to the terms again:

[b]QUOTE[/b] (form that appears after submitting a deviation)
[b]Product Submission, Step 1[/b] Would you like to make this deviation available as a purchasable item? You will be entitled to 10% of gross profit. If you would like to increase this amount to 50% of net profit above the base cost, you may purchase a print account for the one time cost of $24.95.[/quote] [b]QUOTE[/b] (fallenangel) but you still have to agree to the separate print terms when you do that[/quote] Anyone know those terms (or have a copy)? I'd search them up myself, but... dA isn't responding. (probably just connection issues near my end) [quote]It says that if you submit something, ANYTHING then they have the right to do with it as they please.[/quote] Yes, but only AS THEY DESCRIBED AND LIMITED IN THEIR POLICY. They explicitly described the ways in which they would be able to use it, and also explicitly said that they would not do so for [b]commercial[/b] purposes (e.g., deviantPrints) without first acquiring consent for that purpose from you. (Hence, a separate TOS for deviantPrints) Like I said earlier, you have to take the whole context into account. (For comparison: FAC's general diclaimer merely mentions "the right to use or modify images for any purpose." Isn't that essentially the same?) _________________ 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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Fayore Moderator Joined: 12 Mar 2004 Posts: 6195	Posted: Sun Jan 22, 2006 5:40 pm    Post subject: [quote="Stratadrake (Strata)"] 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. [/quote] http://www.deviantart.com/deviation/8023576/ _________________ [url=http://vdexproject.net/user.php?user=15636][img]http://vdexproject.net/p/15636/trainer.png[/img] [img]http://vdexproject.net/p/15636/partymini.png[/img][/url]
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Brianhjh   Joined: 25 Sep 2004 Posts: 8014 Location: Queen's University	Posted: Sun Jan 22, 2006 5:50 pm    Post subject: [quote="Fayore (高位召"] [quote="Stratadrake (Strata)"] 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. [/quote] http://www.deviantart.com/deviation/8023576/ [/quote] That tutorial was orgasmic @_@ _________________ [img]http://img.photobucket.com/albums/v233/Brianhjh/emesprani151.gif[/img] "Sarah's future makes me sad." - Benk
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Fayore Moderator Joined: 12 Mar 2004 Posts: 6195	Posted: Sun Jan 22, 2006 11:45 pm    Post subject: Glad to have been of service. I don't even know why I had that bookmarked, considering I have PSP, not Photoshop... *hasn't even read the tutorial yet* :mellow: _________________ [url=http://vdexproject.net/user.php?user=15636][img]http://vdexproject.net/p/15636/trainer.png[/img] [img]http://vdexproject.net/p/15636/partymini.png[/img][/url]
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Stratadrake Elder Than Dirt Joined: 05 May 2004 Posts: 13721 Location: Moo	Posted: Mon Jan 23, 2006 5:35 am    Post subject: Unfortunately the tutorial won't work, at least not very well, on JPEG images (due to lossy compression). _________________ 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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Lizkay Very bored Joined: 05 Nov 2004 Posts: 116 Location: Austria	Posted: Mon Jan 23, 2006 7:03 am    Post subject: Here are the Print/Product Agreement Terms... as asked.. [quote] Before you can offer a print for sale, you must agree to the following submission agreement. You have elected to have your work included in the deviantART print program. READ THIS CAREFULLY BECAUSE IT CONTAINS ALL OF THE TERMS AND CONDITIONS OF YOUR AGREEMENT WITH DEVIANTART CONCERNING THE PRINT PROGRAM. The deviantART print program is called "PrintProgram" in this agreement; your art work is called "Work"; deviantART is called "deviantART" or the "Site"; the company which provides the printing services and/or the shipping services is called "Company", the amount paid by deviantART to you under this agreement is called "Artist's Share". The PrintProgram allows you or anyone else with access to the Site to order a print of the Work in sizes and at prices that are displayed on the Site. When you click the "Include in PrintProgram" box as you upload a Work to the Site, this agreement will be in force. Only Works of which you are the sole author are eligible for the PrintProgram. You can remove your Work from the PrintProgram at any time as long as any existing orders prior to its removal are filled. To remove your work from the PrintProgram you must delete the Work from the PrintProgram management system. This will only remove the Work from the PrintProgram. The Work will continue to appear on the Site. deviantART is using the services of an unrelated company, the Company, to make and deliver the prints. deviantART can change the sizes, prices, terms of delivery and the identity of the Company at any time without notice. deviantART can also discontinue the PrintProgram in whole or in part at any time for any reason. The availability of the PrintProgram and the way in which the PrintProgram is displayed or offered on the Site or elsewhere is entirely the responsibility of deviantART and entirely within the control of deviantART. deviantART can change or adjust any aspect of the PrintProgram, including terms and pricing, at its sole discretion; however, you will be advised of any material changes and will be given the opportunity to remove your Work from the PrintProgram in advance of any material change taking effect. If you do not agree with a material change when notified, you understand that removing your Work from the PrintProgram will be your only remedy. You agree to pay deviantART a non-refundable one-time payment of $24.95 as a set-up fee for participation in the PrintProgram. The set-up fee is to be paid before posting your first Work. Prints of your Work will be made available at the Base Prices posted here. The Base Price reflects the fair retail market price of manufacturing the print. You will have an opportunity when posting a Work to the PrintProgram to select a sales price higher than the Base Price. If you choose to select a higher price, then Company will charge the higher price to the end consumer and deviantART will pay you an Artist's Share equal to 50% of the amount received by deviantART from the Company for final sales of the Work in excess of the Base Price. By way of example only, if the Base Price is $14.00 and you elect to set a higher price of $20.00, Deviant Art will pay you 50% of the excess over the Base Price -- that is, $3.00 (which is one-half of the $6.00 in excess of the Base Price). deviantART can change Base Prices at any time in its sole discretion and will advise you when changes are made and you will have an opportunity to revise the prices you selected for your Works. deviantART will account to you in three-month periods, thirty days after the close of the period. If you are owed more than a total of $20.00 for the accounting period, deviantART will send you a check with your accounting for the full amount owed to you as shown in your accounting. Unpaid balances under $20.00 in any period will be carried forward to the next accounting period. deviantART may also elect to render payments by electronic deposits and will advise participants in the PrintProgram of that election in advance together with instructions on your registration obligations for such deposits. No additional fees will added for electronic deposits. deviantART will review all of the Works included in the PrintProgram and from time to time may select certain of the works for distribution through galleries, limited edition series, large format replication and by digital displays. You will receive a separate notice if a Work is selected for this program and an opportunity to either accept or reject a separate agreement to cover those uses. This agreement incorporates all of the Terms and Conditions of the agreement you made when you became a member of the Site (you can review that agreement here: http://services.deviantart.com/prints/agreement). You agree that deviantART and Company will have all of the rights necessary to use the Work in the PrintProgram (as the PrintProgram is described here and as is evident from the presentation of the PrintProgram on the Site), including but not limited to the right to reproduce the Work, sell the Work, digitally store the Work and transfer the Work. All of those rights which you are granting to deviantART and Company are non-exclusive and you are free to give similar rights to others on the same or different terms with no obligation whatsoever to deviantART. You represent and warrant to deviantART that: you are the only author of the Work; the Work is completely original to you and does not infringe any rights of third parties, including under the copyright and trademark laws; no one else is entitled to receive the monies to be paid to you under this agreement; you are over the age of eighteen or, if not, that you are an emancipated minor by order of a court of competent jurisdiction; you have read and understand this agreement. The representations are in addition to any representations made in the agreement incorporated in paragraph 8, above. deviantART will not be held responsible by you or by anyone else trying to obtain a copy of the Work using the PrintProgram if the Work is not available on the Site or is not available to the PrintProgram whether by mistake or by technical error or any other reason. You will hold neither deviantART nor Company responsible for any Work or copy of a Work that is lost or damaged. deviantART will act responsibly in helping to correct issues which involve the visual presentation of the Work as a print made under the PrintProgram; but you acknowledge that the Company (and not deviantART) is making the prints and that Company is not under the direction nor under the control of deviantART. You will not hold deviantART responsible for any damage done to the Work by its depiction in any print made under the PrintProgram. You specifically agree that deviantART will not be responsible for anything done by Company, including with respect to Company's dealings with you or anyone else ordering prints through Company. You understand that no consequential or punitive or special damages will be available to you, including attorney fees, in any lawsuit or other legal proceding you may bring against deviantART or Company related to the PrintProgram. Except for an award of damages resulting from a failure to pay the Artist's Share, all other damages will be limited to the replacement value of prints that are the subject of the dispute specifically excluding from any damage calculation the value of the Work. This agreement and the other written agreement it incorporates in paragraph 8, above, are the entire agreement between you and deviantART relating to the PrintProgram and no representative of deviantART or of the Company can change this agreement except in a writing signed by you and by an authorized employee of deviantART. [/quote] _________________ - hmm... did someone say "MUFFIN"? -
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Stratadrake Elder Than Dirt Joined: 05 May 2004 Posts: 13721 Location: Moo	Posted: Mon Jan 23, 2006 6:38 pm    Post subject: Because by them (as well as you) making money from selling your work, they can help pay for the expenses of running their site. _________________ 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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fallenangel Site Admin Joined: 31 Dec 1969 Posts: 9216 Location: Los Angeles	Posted: Mon Jan 23, 2006 6:46 pm    Post subject: And yet I still think it's funny that so many people complain about policies that are just created so that they can legally give you more exposure. I don't see anyone complaining when they're featured in one of the "unknown artists" articles or become a featured print. _________________ "I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall
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KatWarrior Rookie Joined: 24 Oct 2005 Posts: 38	Posted: Tue Jan 24, 2006 9:03 am    Post subject: My solution to the confusion was to just post fanart, keeping original characters to myself and close friends. Half the people said DA could steal our stuff and the other half said it wasn't anything to worry about, so I just went half-way. DA can deal with the fanart, and it's not like they're going to give attention to me anyway. There's artists on that site tons better than me who would have more issues there. Besides, if DA tried to make money off fanart, (not saying they would), they could end up in a world of hurt. XD And it's not just all that policy confusion/taboo/whatever that caused me to take down and no longer post original characters. It's the whole internet. Countless people access that website a day and nothing can stop them from right-clicking and saving your image. Or even staring at the screen and copying it. With fanart this isn't as much of a big deal. Sure it's annoying and still very wrong, but the theives can't claim the characters because they're official and at least one person knows who they are or what they're from. If it's an original character, however, it's more of a pain. The way I saw it, what's to stop them from copying your design and getting to the copyright office first? Not a lot. Perhaps I'm paranoid in that area, but that's why my originals (unless they're like, fancharacters) stay off the web. _________________ DA Gallery: http://katwarrior.deviantart.com FAC Gallery: http://www.fanart-central.net/user-KatWarrior.php
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Gelarwing Newb Joined: 27 Sep 2004 Posts: 3	Posted: Sat Jan 28, 2006 1:16 am    Post subject: I haven't read all the fine print agreement stuff but i have read most of this. Personally I am kinda weirded out about the thoguht of seeing some random person printing a huge version of one of my art pieces (im on deviantart but havent agreed to printing) and then framing it on their wall and saying they got it somewhere else. As much as I don't half care about people putting my crappy artwork saying it was someone else I'm still wondering if I'm vulnerable to having people steal my art if I decide to leave deviantart. But my whole reason for joining deviantart was to get more people seeing my art and it isn't exactly working much.(heh, nicer people here and more sucess. genrally a better environment kinda thing). I know it's pretty pointless to be rambling on here about my thoughts but if someone could answer my question. What should I do? in this post ther are some arguements on my fenced posittion but I'm not sure if I should stay there as well as here (I could never leave here unless something extremely bad happened. But I doubt that could happen). Or if I should high-tail it out of ther and if I do could deviantart get my work? (I'm sorry for wasting any time or annoying people here on my noob-likeness but this thread has really brought up some complicating emotions and by typing this I kinda feel better)
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Nemesisdragon Newb Joined: 17 Nov 2004 Posts: 12 Location: Wurld	Posted: Fri Feb 10, 2006 2:56 pm    Post subject: I didn't know people where posting this over here too. D: There is nothing wrong with the agreement. They're asking for permission to submit thumbnails of your deviantations. The only way they make money out of your art is by buying a prints account or advertising (they ask for permission). Even if they were making money, I'm not leaving DA. I'll leave DA because of everyone jumping to conclusions. Correct me if I'm wrong, I might not have read it properly
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fallenangel Site Admin Joined: 31 Dec 1969 Posts: 9216 Location: Los Angeles	Posted: Fri Feb 10, 2006 5:19 pm    Post subject: The instant you submit your work on the internet, it doesn't matter how many copyright notices you add or ugly watermarks that ruin the work, if a person wants to take it for whatever reason, they're going to. But DA has nothing to do with that, it's something all the "big" artists on all the websites face. The number of LJ layouts using artwork by Kay Allen or Linda Bergkvist is mind blowing. If you have a problem with people taking your work, putting it on the internet at all is just going to make you paranoid. If you're worried about printing, do this. Take the file you submitted and print it out. If it's a normal size image (say, 600x800 pixels), it's going to look horrible. Web resolution is nowhere near print resolution, so just don't submit huge print quality files (which are useless to look at online anyway 'cause you have to scroll all over). But both of those things have nothing to do with DA or its policies, just what some people on the internet do 'cause they're 'tards with too much time on their hands, so they steal art. _________________ "I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall
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Stratadrake Elder Than Dirt Joined: 05 May 2004 Posts: 13721 Location: Moo	Posted: Fri Feb 10, 2006 7:15 pm    Post subject: Which is why I see Raymei's opinion as a little extreme. Her decision though, no griping about it. _________________ 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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flcladd1ct Member Joined: 11 Feb 2006 Posts: 45	Posted: Sun Feb 12, 2006 7:22 pm    Post subject: Deviant art cannot sell your work on its own-they can sell it as part of a collage, etc, or publish it. You, however, have the copyright for your art. They do not own the art itself. If you ask them to remove it (in WRITING), they must remove it. Deviantart will not steal your art. Aditionally,they must have your consent to reproduce it, particularly since they offer a very reasonable print service for subscribed members, and if they did not have this agreement they would be forced to ask you every time anybody ordered one of your prints-which is totally pointless and annoying. This is a pretty standard agreement-its the same thing you'll find in magazines you present your work to. People are making a big deal out of this, and I'm not sure why. I don't find it particularly bothersome, but this may be because I grew up in a family of artists. *shrug* When you post something to the web, you always risk having it taken. If you really want to protect your work, make a print copy of it (a really nice one), seal it, and mail it to yourself-that way you have a date that it was made. This is pretty much all you need to dispute copyright infringement in most cases-though of course in the case of something from the 'net it would be sticky, anyway. As far as fanart goes, theres no reason to get all worried about it. Its illegal to sell it in the US, anyway, as you don't have the copyright or permission from the holder to make it. BTW: The agreement states the following (in truncated form) "Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to deviantART under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement." "# icense To Use Artist Materials. As and when Artist Materials are uploaded to the deviantART Site(s), Artist grants to deviantART a worldwide, royalty-free, non-exclusive license to do the following things during the Term: 1. to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented; (*make thumbnails, ets*) 2. to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ; (*we can pimp our site with your work-this does NOT mean they own the stuff-they have your permission to use it*) 3. to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) 4. the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement. (*we can let somebody else use your stuff-again, you still own it-if you pull all of your stuff and tell deviart to quit, they must do it*) 5. Artist acknowledges that Artist will not have any right, title, or interest in any materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.. (*if we make a collage to promote ourselves using your art, you don't own the collage we make*) 6. During the Term, deviantART's licenses under this Agreement include the right to use any part of the Artist Materials in the promotion,advertising or marketing of the DeviantART Sites. (*again, we can use your stuff to pimp our site*) 7. As used in this Agreement, the term "Artist Materials" means...(*yadda yadda, your name, etc*) "The rights and licenses granted to deviantART under sections 3 and 4 of this Agreement require deviantART to obtain Artist consent before deviantART makes any commercial agreement with anyone else 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. (*We CAN'T sell your stuff unless you say we can*) No additional consent is required for any other licensed uses under this Agreement of Artist Materials either as part of the deviantART Site(s) or in connection with the distribution of content groups from the deviantART Site(s) and/or for uses of the Artist Materials made at the discretion of a visitor to the deviantART Site(s) or other users under agreements with deviantART. deviantART will contact Artist in writing about any individual commercial uses of Artist Materials instigated by deviantART." (*again, if we want to use just your stuff, we have to ask you about it-in writing, but if its part of a group picture we don't*) Stuff in * are my comments.
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fallenangel Site Admin Joined: 31 Dec 1969 Posts: 9216 Location: Los Angeles	Posted: Sun Feb 12, 2006 7:43 pm    Post subject: [quote]If you really want to protect your work, make a print copy of it (a really nice one), seal it, and mail it to yourself-that way you have a date that it was made.[/quote] That doesn't work anymore. And it didn't work overly well in the beginning, either. It seems good in theory, but it won't hold up in court. Working digital files are ok because they're much harder to fake, but it's easy enough to take a mailed envelope, steam it open, stick the print inside, and seal it back up. If it's a big enough deal to take to court, the judge isn't going to accept a mailed envelope as proof. If it's important enough to you to waste the fees to sue, fork over the $30 to register the copyright. Easy enough. Otherwise, deal with the risk. _________________ "I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall
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Shiloh Forum Stalker Joined: 28 Jun 2005 Posts: 1042 Location: On a cloud	Posted: Sun Feb 12, 2006 8:13 pm    Post subject: Its a good thing I dont value my art there. I better go delete everything, anyways. _________________ [url=http://Keeya.dragonadopters.com/dragon_21087][img]http://www.Keeya.dragonadopters.com/dragonimage_21087_22891_pixel.gif[/img][/url][url=http://dragcave.net/view/qy3s][img]http://dragcave.net/image/qy3s.gif[/img][/url]
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flcladd1ct Member Joined: 11 Feb 2006 Posts: 45	Posted: Tue Feb 14, 2006 8:49 am    Post subject: [quote="fallenangel (fallen)"] ....That doesn't work anymore.... [/quote] *shrug* its been a long time since I was in class and we had that discussion, but it seemed a little odd to me then...not such a bad thing that it doesn't hold up. Of course, you could always do what artists have done for ages, and just not show anybody anything you think might be stolen, keep it under tight wraps. The problem there is that you can't get feedback. Sending off for a real, legal © is probably a good idea, particularly if you think you may be able to make money off of your idea at some point in the future-theres no point in copyrighting every little doodle you do, thats expensive and kind of pointless.
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bungakawa2000 Still very bored Joined: 15 Nov 2005 Posts: 261	Posted: Wed Feb 15, 2006 5:30 am    Post subject: Everything you want to know about copyright, and then some.
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Rat Rookie Joined: 31 Dec 1969 Posts: 34	Posted: Thu Feb 16, 2006 1:00 pm    Post subject: [quote="Lizkay (E. K.)"] 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. [/quote] Yeah, my work was stolen. Some jerk put my Yugioh stuff under HER name and claimed it was hers. Any time you upload ANYTHING in the internet, it's up for grabs. As for DA, as far as I'm concerned, it's a good art site. Though, I wouldn't recommend putting original character designs you plan on using in the future. Especially if you plan on making a living as an illustrator/comic artist/etc. Stick to fanart. We're not supposed to make a buck outta a copyrighted character anyway so we lose nada if they take the piece. If anything, we get publicity for it!
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Stratadrake Elder Than Dirt Joined: 05 May 2004 Posts: 13721 Location: Moo	Posted: Thu Mar 02, 2006 10:45 am    Post subject: Ha! DeviantART drops the axe on one type of art theft :woot: http://news.deviantart.com/article/20403/ [quote][b][u]Anime Wallpapers Under Review[/u][/b] From time to time C&E undertakes broad reviews of the various galleries and sections here on deviantART and at this point in time the Wallpaper/Anime section is being reviewed for various violations. Those who have been a deviant for several years may remember that we once had an Anime section of the Wallpaper gallery which became so polluted with copyright infringement that the entire section was deleted along with all the submissions which it contained and it was left absent for a couple of years before Artist Relations risked reopening the section due to popular request. The current review has shown that the past problems with this section have resurfaced immediately- nearly half of the wallpaper submissions reviewed so far have been deleted as violations of our copyright policies and some users have lost a good portion of their galleries (or even their entire gallery) due to similar violations. I must once again remind everyone that you are not allowed to use materials owned by other people or companies- this is all outlined clearly in our FAQ. I must also once again remind everyone that Disclaiming the artwork or Crediting the actual owner or author does not excuse you from being [b]required[/b] to obtain legal permission for use. The review of the Wallpaper/Anime section is still underway with January submissions being sorted and deleted as necessary and the section will be kept under review due to the heavy number of violations being found there.[/quote] (red highlights by me) That seems to be a popular myth people have, that if they credit the original artist, that it's suddenly okay to do so. It may be okay by them, but not by site rules -- dA [i]or here[/i]. _________________ 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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[Fayore]

[quote="Stratadrake (Strata)"] 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. [/quote]
http://www.deviantart.com/deviation/8023576/
_________________
[url=http://vdexproject.net/user.php?user=15636][img]http://vdexproject.net/p/15636/trainer.png[/img]
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[Brianhjh]

[quote="Fayore (高位召"] [quote="Stratadrake (Strata)"] 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. [/quote]
http://www.deviantart.com/deviation/8023576/ [/quote]
That tutorial was orgasmic @_@
_________________
[img]http://img.photobucket.com/albums/v233/Brianhjh/emesprani151.gif[/img] "Sarah's future makes me sad." - Benk

[Fayore]

Glad to have been of service. I don't even know why I had that bookmarked, considering I have PSP, not Photoshop...

*hasn't even read the tutorial yet*

:mellow:
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[url=http://vdexproject.net/user.php?user=15636][img]http://vdexproject.net/p/15636/trainer.png[/img]
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[Stratadrake]

Unfortunately the tutorial won't work, at least not very well, on JPEG images (due to lossy compression).
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[Lizkay]

Here are the Print/Product Agreement Terms...
as asked..

[quote]
Before you can offer a print for sale, you must agree to the following submission agreement.
You have elected to have your work included in the deviantART print program. READ THIS CAREFULLY BECAUSE IT CONTAINS ALL OF THE TERMS AND CONDITIONS OF YOUR AGREEMENT WITH DEVIANTART CONCERNING THE PRINT PROGRAM.

The deviantART print program is called "PrintProgram" in this agreement; your art work is called "Work"; deviantART is called "deviantART" or the "Site"; the company which provides the printing services and/or the shipping services is called "Company", the amount paid by deviantART to you under this agreement is called "Artist's Share".
The PrintProgram allows you or anyone else with access to the Site to order a print of the Work in sizes and at prices that are displayed on the Site. When you click the "Include in PrintProgram" box as you upload a Work to the Site, this agreement will be in force.
Only Works of which you are the sole author are eligible for the PrintProgram.
You can remove your Work from the PrintProgram at any time as long as any existing orders prior to its removal are filled. To remove your work from the PrintProgram you must delete the Work from the PrintProgram management system. This will only remove the Work from the PrintProgram. The Work will continue to appear on the Site.
deviantART is using the services of an unrelated company, the Company, to make and deliver the prints. deviantART can change the sizes, prices, terms of delivery and the identity of the Company at any time without notice. deviantART can also discontinue the PrintProgram in whole or in part at any time for any reason. The availability of the PrintProgram and the way in which the PrintProgram is displayed or offered on the Site or elsewhere is entirely the responsibility of deviantART and entirely within the control of deviantART. deviantART can change or adjust any aspect of the PrintProgram, including terms and pricing, at its sole discretion; however, you will be advised of any material changes and will be given the opportunity to remove your Work from the PrintProgram in advance of any material change taking effect. If you do not agree with a material change when notified, you understand that removing your Work from the PrintProgram will be your only remedy.
You agree to pay deviantART a non-refundable one-time payment of $24.95 as a set-up fee for participation in the PrintProgram. The set-up fee is to be paid before posting your first Work. Prints of your Work will be made available at the Base Prices posted here. The Base Price reflects the fair retail market price of manufacturing the print. You will have an opportunity when posting a Work to the PrintProgram to select a sales price higher than the Base Price. If you choose to select a higher price, then
Company will charge the higher price to the end consumer and
deviantART will pay you an Artist's Share equal to 50% of the amount received by deviantART from the Company for final sales of the Work in excess of the Base Price.
By way of example only, if the Base Price is $14.00 and you elect to set a higher price of $20.00, Deviant Art will pay you 50% of the excess over the Base Price -- that is, $3.00 (which is one-half of the $6.00 in excess of the Base Price). deviantART can change Base Prices at any time in its sole discretion and will advise you when changes are made and you will have an opportunity to revise the prices you selected for your Works. deviantART will account to you in three-month periods, thirty days after the close of the period. If you are owed more than a total of $20.00 for the accounting period, deviantART will send you a check with your accounting for the full amount owed to you as shown in your accounting. Unpaid balances under $20.00 in any period will be carried forward to the next accounting period. deviantART may also elect to render payments by electronic deposits and will advise participants in the PrintProgram of that election in advance together with instructions on your registration obligations for such deposits. No additional fees will added for electronic deposits.
deviantART will review all of the Works included in the PrintProgram and from time to time may select certain of the works for distribution through galleries, limited edition series, large format replication and by digital displays. You will receive a separate notice if a Work is selected for this program and an opportunity to either accept or reject a separate agreement to cover those uses.
This agreement incorporates all of the Terms and Conditions of the agreement you made when you became a member of the Site (you can review that agreement here: http://services.deviantart.com/prints/agreement).
You agree that deviantART and Company will have all of the rights necessary to use the Work in the PrintProgram (as the PrintProgram is described here and as is evident from the presentation of the PrintProgram on the Site), including but not limited to the right to reproduce the Work, sell the Work, digitally store the Work and transfer the Work. All of those rights which you are granting to deviantART and Company are non-exclusive and you are free to give similar rights to others on the same or different terms with no obligation whatsoever to deviantART.
You represent and warrant to deviantART that:
you are the only author of the Work;
the Work is completely original to you and does not infringe any rights of third parties, including under the copyright and trademark laws;
no one else is entitled to receive the monies to be paid to you under this agreement;
you are over the age of eighteen or, if not, that you are an emancipated minor by order of a court of competent jurisdiction;
you have read and understand this agreement.
The representations are in addition to any representations made in the agreement incorporated in paragraph 8, above.
deviantART will not be held responsible by you or by anyone else trying to obtain a copy of the Work using the PrintProgram if the Work is not available on the Site or is not available to the PrintProgram whether by mistake or by technical error or any other reason. You will hold neither deviantART nor Company responsible for any Work or copy of a Work that is lost or damaged.
deviantART will act responsibly in helping to correct issues which involve the visual presentation of the Work as a print made under the PrintProgram; but you acknowledge that the Company (and not deviantART) is making the prints and that Company is not under the direction nor under the control of deviantART. You will not hold deviantART responsible for any damage done to the Work by its depiction in any print made under the PrintProgram.
You specifically agree that deviantART will not be responsible for anything done by Company, including with respect to Company's dealings with you or anyone else ordering prints through Company.
You understand that no consequential or punitive or special damages will be available to you, including attorney fees, in any lawsuit or other legal proceding you may bring against deviantART or Company related to the PrintProgram. Except for an award of damages resulting from a failure to pay the Artist's Share, all other damages will be limited to the replacement value of prints that are the subject of the dispute specifically excluding from any damage calculation the value of the Work.
This agreement and the other written agreement it incorporates in paragraph 8, above, are the entire agreement between you and deviantART relating to the PrintProgram and no representative of deviantART or of the Company can change this agreement except in a writing signed by you and by an authorized employee of deviantART.
[/quote]
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- hmm... did someone say "MUFFIN"? -

[Stratadrake]

Because by them (as well as you) making money from selling your work, they can help pay for the expenses of running their site.
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[fallenangel]

And yet I still think it's funny that so many people complain about policies that are just created so that they can legally give you more exposure. I don't see anyone complaining when they're featured in one of the "unknown artists" articles or become a featured print.
_________________
"I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall

[KatWarrior]

My solution to the confusion was to just post fanart, keeping original characters to myself and close friends. Half the people said DA could steal our stuff and the other half said it wasn't anything to worry about, so I just went half-way. DA can deal with the fanart, and it's not like they're going to give attention to me anyway. There's artists on that site tons better than me who would have more issues there. Besides, if DA tried to make money off fanart, (not saying they would), they could end up in a world of hurt. XD

And it's not just all that policy confusion/taboo/whatever that caused me to take down and no longer post original characters. It's the whole internet. Countless people access that website a day and nothing can stop them from right-clicking and saving your image. Or even staring at the screen and copying it. With fanart this isn't as much of a big deal. Sure it's annoying and still very wrong, but the theives can't claim the characters because they're official and at least one person knows who they are or what they're from. If it's an original character, however, it's more of a pain. The way I saw it, what's to stop them from copying your design and getting to the copyright office first? Not a lot. Perhaps I'm paranoid in that area, but that's why my originals (unless they're like, fancharacters) stay off the web.
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DA Gallery: http://katwarrior.deviantart.com

FAC Gallery: http://www.fanart-central.net/user-KatWarrior.php

[Gelarwing]

I haven't read all the fine print agreement stuff but i have read most of this. Personally I am kinda weirded out about the thoguht of seeing some random person printing a huge version of one of my art pieces (im on deviantart but havent agreed to printing) and then framing it on their wall and saying they got it somewhere else. As much as I don't half care about people putting my crappy artwork saying it was someone else I'm still wondering if I'm vulnerable to having people steal my art if I decide to leave deviantart. But my whole reason for joining deviantart was to get more people seeing my art and it isn't exactly working much.(heh, nicer people here and more sucess. genrally a better environment kinda thing). I know it's pretty pointless to be rambling on here about my thoughts but if someone could answer my question. What should I do? in this post ther are some arguements on my fenced posittion but I'm not sure if I should stay there as well as here (I could never leave here unless something extremely bad happened. But I doubt that could happen). Or if I should high-tail it out of ther and if I do could deviantart get my work?

(I'm sorry for wasting any time or annoying people here on my noob-likeness but this thread has really brought up some complicating emotions and by typing this I kinda feel better)

[Nemesisdragon]

I didn't know people where posting this over here too. D:

There is nothing wrong with the agreement. They're asking for permission to submit thumbnails of your deviantations. The only way they make money out of your art is by buying a prints account or advertising (they ask for permission).

Even if they were making money, I'm not leaving DA. I'll leave DA because of everyone jumping to conclusions.

Correct me if I'm wrong, I might not have read it properly

[fallenangel]

The instant you submit your work on the internet, it doesn't matter how many copyright notices you add or ugly watermarks that ruin the work, if a person wants to take it for whatever reason, they're going to. But DA has nothing to do with that, it's something all the "big" artists on all the websites face. The number of LJ layouts using artwork by Kay Allen or Linda Bergkvist is mind blowing.

If you have a problem with people taking your work, putting it on the internet at all is just going to make you paranoid.

If you're worried about printing, do this. Take the file you submitted and print it out. If it's a normal size image (say, 600x800 pixels), it's going to look horrible. Web resolution is nowhere near print resolution, so just don't submit huge print quality files (which are useless to look at online anyway 'cause you have to scroll all over).


But both of those things have nothing to do with DA or its policies, just what some people on the internet do 'cause they're 'tards with too much time on their hands, so they steal art.
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"I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall

[Stratadrake]

Which is why I see Raymei's opinion as a little extreme. Her decision though, no griping about it.
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[flcladd1ct]

Deviant art cannot sell your work on its own-they can sell it as part of a collage, etc, or publish it. You, however, have the copyright for your art. They do not own the art itself. If you ask them to remove it (in WRITING), they must remove it. Deviantart will not steal your art.
Aditionally,they must have your consent to reproduce it, particularly since they offer a very reasonable print service for subscribed members, and if they did not have this agreement they would be forced to ask you every time anybody ordered one of your prints-which is totally pointless and annoying.
This is a pretty standard agreement-its the same thing you'll find in magazines you present your work to.
People are making a big deal out of this, and I'm not sure why. I don't find it particularly bothersome, but this may be because I grew up in a family of artists.
*shrug*
When you post something to the web, you always risk having it taken. If you really want to protect your work, make a print copy of it (a really nice one), seal it, and mail it to yourself-that way you have a date that it was made. This is pretty much all you need to dispute copyright infringement in most cases-though of course in the case of something from the 'net it would be sticky, anyway.
As far as fanart goes, theres no reason to get all worried about it. Its illegal to sell it in the US, anyway, as you don't have the copyright or permission from the holder to make it.

BTW:

The agreement states the following (in truncated form)
"Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to deviantART under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement."

"# icense To Use Artist Materials. As and when Artist Materials are uploaded to the deviantART Site(s), Artist grants to deviantART a worldwide, royalty-free, non-exclusive license to do the following things during the Term:

1. to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented; (*make thumbnails, ets*)
2. to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ; (*we can pimp our site with your work-this does NOT mean they own the stuff-they have your permission to use it*)
3. to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size)
4. the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement. (*we can let somebody else use your stuff-again, you still own it-if you pull all of your stuff and tell deviart to quit, they must do it*)
5. Artist acknowledges that Artist will not have any right, title, or interest in any materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.. (*if we make a collage to promote ourselves using your art, you don't own the collage we make*)
6. During the Term, deviantART's licenses under this Agreement include the right to use any part of the Artist Materials in the promotion,advertising or marketing of the DeviantART Sites. (*again, we can use your stuff to pimp our site*)
7. As used in this Agreement, the term "Artist Materials" means...(*yadda yadda, your name, etc*)
"The rights and licenses granted to deviantART under sections 3 and 4 of this Agreement require deviantART to obtain Artist consent before deviantART makes any commercial agreement with anyone else 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. (*We CAN'T sell your stuff unless you say we can*) No additional consent is required for any other licensed uses under this Agreement of Artist Materials either as part of the deviantART Site(s) or in connection with the distribution of content groups from the deviantART Site(s) and/or for uses of the Artist Materials made at the discretion of a visitor to the deviantART Site(s) or other users under agreements with deviantART. deviantART will contact Artist in writing about any individual commercial uses of Artist Materials instigated by deviantART." (*again, if we want to use just your stuff, we have to ask you about it-in writing, but if its part of a group picture we don't*)

Stuff in * are my comments.

[fallenangel]

[quote]If you really want to protect your work, make a print copy of it (a really nice one), seal it, and mail it to yourself-that way you have a date that it was made.[/quote]

That doesn't work anymore. And it didn't work overly well in the beginning, either. It seems good in theory, but it won't hold up in court. Working digital files are ok because they're much harder to fake, but it's easy enough to take a mailed envelope, steam it open, stick the print inside, and seal it back up. If it's a big enough deal to take to court, the judge isn't going to accept a mailed envelope as proof.

If it's important enough to you to waste the fees to sue, fork over the $30 to register the copyright. Easy enough. Otherwise, deal with the risk.
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"I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall

[Shiloh]

Its a good thing I dont value my art there. I better go delete everything, anyways.
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[flcladd1ct]

[quote="fallenangel (fallen)"] ....That doesn't work anymore.... [/quote]
*shrug* its been a long time since I was in class and we had that discussion, but it seemed a little odd to me then...not such a bad thing that it doesn't hold up.
Of course, you could always do what artists have done for ages, and just not show anybody anything you think might be stolen, keep it under tight wraps. The problem there is that you can't get feedback.
Sending off for a real, legal © is probably a good idea, particularly if you think you may be able to make money off of your idea at some point in the future-theres no point in copyrighting every little doodle you do, thats expensive and kind of pointless.

[bungakawa2000]

Everything you want to know about copyright, and then some.

[Rat]

[quote="Lizkay (E. K.)"] 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. [/quote]
Yeah, my work was stolen. Some jerk put my Yugioh stuff under HER name and claimed it was hers. Any time you upload ANYTHING in the internet, it's up for grabs.

As for DA, as far as I'm concerned, it's a good art site. Though, I wouldn't recommend putting original character designs you plan on using in the future. Especially if you plan on making a living as an illustrator/comic artist/etc. Stick to fanart. We're not supposed to make a buck outta a copyrighted character anyway so we lose nada if they take the piece. If anything, we get publicity for it!

[Stratadrake]

Ha! DeviantART drops the axe on one type of art theft :woot:

http://news.deviantart.com/article/20403/

[quote][b][u]Anime Wallpapers Under Review[/u][/b]

From time to time C&E undertakes broad reviews of the various galleries and sections here on deviantART and at this point in time the Wallpaper/Anime section is being reviewed for various violations.

Those who have been a deviant for several years may remember that we once had an Anime section of the Wallpaper gallery which became so polluted with copyright infringement that the entire section was deleted along with all the submissions which it contained and it was left absent for a couple of years before Artist Relations risked reopening the section due to popular request.

The current review has shown that the past problems with this section have resurfaced immediately- nearly half of the wallpaper submissions reviewed so far have been deleted as violations of our copyright policies and some users have lost a good portion of their galleries (or even their entire gallery) due to similar violations.

I must once again remind everyone that you are not allowed to use materials owned by other people or companies- this is all outlined clearly in our FAQ.

I must also once again remind everyone that Disclaiming the artwork or Crediting the actual owner or author does not excuse you from being [b]required[/b] to obtain legal permission for use.

The review of the Wallpaper/Anime section is still underway with January submissions being sorted and deleted as necessary and the section will be kept under review due to the heavy number of violations being found there.[/quote]
(red highlights by me)

That seems to be a popular myth people have, that if they credit the original artist, that it's suddenly okay to do so. It may be okay by them, but not by site rules -- dA [i]or here[/i].




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