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[DRAFT] Updating the FAC Submission Policy

 
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Stratadrake
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PostPosted: Sun Jan 31, 2010 12:46 pm    Post subject: [DRAFT] Updating the FAC Submission Policy Reply with quote

I'd like to begin working on an update to our (three-year old) Submission Policy.

THIS IS STILL A DRAFT . . . very much a work-in-progress. But feel free to discuss and comment on matters anyway, ask questions about what you think should or should not be part of the updated Submission Policy, and so on.

For comparison, our current Submission Policy can be found at:
http://www.fanart-central.net/rules.submit.php
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Last edited by Stratadrake on Sun Jan 31, 2010 12:47 pm; edited 1 time in total
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Stratadrake
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Joined: 05 May 2004
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Location: Moo

PostPosted: Sun Jan 31, 2010 12:46 pm    Post subject: Re: [DRAFT] Updating the FAC Submission Policy Reply with quote

The current draft [Feb.6th, 2009] stands as follows:

Quote:
FAC Submission Policy

All rules listed in the General Terms of Service still apply.

Because the definition of 'art' and 'fanart' varies by person, it is important that we at Fanart Central ("FAC" for short) lay down a set of rules and criteria governing what you, our users, may and may not submit to your user gallery here. This is our Submission Policy; please take the time to actually read it so that you know what your obligations as a Fanart Central artist are. You will not be quizzed or tested to see how much of it you remember, this is more to avoid confusion over Policy related matters down the road.

Summary of this Policy

  • If you are familiar with the previous version of this policy (from August 2006), great! We did not want to make any "real" changes to what can and cannot be submitted to our site, but in rewriting this policy some changes were inevitable, so please continue reading.

  • This Policy governs what you can and cannot submit to your Fanart Central gallery. Other means of submitted content, such as comments, blog or journal entries, and your user profile page are governed by our General Terms of Service instead.

  • Generally speaking, any artwork created by you can be eligible for submission to your FAC gallery if the following are true:

    • Your work does not clearly infringe upon copyrights held by other users, artists, or owners;
    • You have documented, disclosed or otherwise identified any relevant inspirations, collaboration, reference material or other sources that directly contributed to the creation or production of your work;
    • You have assigned accurate and correct labels, as needed, for any content that viewers may consider objectionable of offensive (see our Mature Content Policy for details);
    • And, finally, that your work does not violate any Prohibitions described in this or other site Policies.


    We will explain each of these rules in detail shortly.

  • We do not accept photography here. Though we recognize photography (and by extension, photo-manipulation) as a valid art form, we have chosen not to allow it on our site. You may instead use another site, for example our sister site Photo Lucidity, for sharing photographic art or photomanips.

  • As stated in our General Terms of Service, we do not accept submissions containing "adult" content -- that is to say, artwork considered sexually explicit.

  • Fanart Central site staff reserve the right to selectively monitor or screen submissions before they are made visible to the general public. But we cannot screen all submissions for compliance in this manner, so we depend upon you as a user of FAC to contact us if you encounter material that you believe breaks these rules. Notify us, and we will take appropriate action.

  • Again, please contact a site staff member for any questions or concerns over this Policy.


1 - General Requirements

Ownership

Only material created by you is acceptable for submission to your FAC gallery. We do not allow, for example, re-posting requested or commissioned works made by other artists into your gallery, even if you can fully document permission by the artist to do so. Your FAC gallery is yours alone and only your artwork is allowed in it.

Any willful, deliberate attempts to misrepresent the work of another artist as your own (e.g. incidents of plaigarism or so-called "art theft") shall be prosecuted as a violation of this Policy and can constitute grounds for ban.

Copyright

We at Fanart Central respect the rights of artists over work they create, and ask that you do the same. Unfortunately, copyright itself is a very complicated matter in modern day, and the very question of whether or not fanart should be considered a "fair use" or an infringement of the original artist's rights is a difficult and controversial matter that we leave as a debate for another time. We do acknowledge that most fanart is created spontaneously by amateur (non-professional) artists without the knowledge or specific permission of the original copyright holder. Fanart is not meant to replace or eclipse the original material in any way, but more often to pay tribute and respect to it, perhaps even broaden its exposure in the process.

To this end, we must require that all fan art submissions be created entirely through your own efforts from start to finish -- we cannot accept fan art created through the direct alteration, "tracing" or other editing of another owner's work without permission. Original artwork, while largely free of the above copyright concerns, is bound by this rule as well and must be created entirely through your own efforts and may not involve direct alteration or editing of another artist's work without permission.

When site staff are notified of a potential copyright infringement due to editing, alteration, or plaigarism of another work, we will perform a comparison test between the reported work and original material to analyze whether or not there is evidence of violating this Policy; we will acknowledge but dismiss reports of work that is determined to have only a superficial or coincidental resemblance or similarity to another.

Collaborations, Use of Stock Materials, or Permission to Edit Other Works

Notice the phrase "without permission" in the above rule. If one artist has specifically given permission for others to edit or re-use their work, for example, collaborative agreements between two or more artists to create a shared work, or the use of "stock" materials such as background photography, this is an exemption from the usual prohibition of editing or alterations -- it is their work and their freedom to set terms for editing or re-use. However, when this is the case you must cite and provide documentation of:

* Name(s) of all artists involved in the production of the end result, in case we need to contact them,
* URL(s) of their original piece or contribution to the end result,
* URL containing permission or terms for its re-use (unless clearly stated in the original piece).

It is not the responsibility of FAC site staff to research and provide this documentation for you. If such documentation is missing, or believed to be invalid, FAC site staff may prohibit or remove the submitted content, with or without warning. We do not object to artists working together to produce shared work; we merely ask that you provide proof so we can verify it.

Inspirations or Reference Materials

As stated above, fan art is frequently created as a means to tribute the original work. For this reason we ask that when submitting fan art that you identify and credit the original artist whose character(s) you have drawn. If the original artist has a personal website, or userpage on this or other art sites then we encourage you to provide a URL or link to their page. Similarly, when your fan art is based on a commercial work such as an anime or manga, identifying the name of the depicted character, commercial artist or owner, or name of the original series is usually sufficient credit. In all cases, this is a simple requirement that is easily met, and should not be overlooked either.
Mature Content

For a description of available labels for tagging offensive content and our rules regarding them, please see our separate Mature Content Policy.

2 - Media Specific Requirements

Visual Art, Traditional Media

We do not pose any unique requirements on artwork created using traditional media techniques. Drawings and paintings may be captured using a scanner when available, or by photograph when necessary. For specific rules governing the photography of craft items (e.g. sculpture) or other traditional media, see our Restrictions defined later in this Policy.

Visual Art, Digital Media

Because digital media comes in many forms and can easily include material from other sources, it is especially important that digital media submissions comply with the above rules regarding Copyright, Permission to Edit, and Stock or Reference Materials used.

Before uploading digital media, please be aware that while our systems are able to identify and process a wide variety of file formats, this is not necessarily perfect and in some cases may result in lower image quality or possibly even a failure to process the submission at all. For this and other reasons you should never upload the raw workfile for your digital artwork (e.g, Photoshop *.psd, Painter *.rif, GIMP *.xcf) and that you instead create or export a separate copy of the image in a standardized file format such as JPEG, GIF, or PNG and upload that version of the work to our site instead.

For the use or inclusion of stock imagery or protected content in a digital media submission, please see our Restrictions defined later in this Policy.

Creative Writing and other Written Arts

.
.
. [still in progress]
.
.

3 - Prohibited Content

Photography

We have chosen not to allow photography submissions on our site, and therefore photography submissions must be prohibited. No offense is intended here; users wishing to submit photography work may use another venue for that purpose, for example our sister site Photo Lucidity. Works created through the editing or alteration of photography, e.g. "photo-manips", are also subject to this prohibition as well and should be submitted to another venue.

Using a camera to photograph craft or traditional media works, however, is exempt from this rule provided that it complies with the Restrictions outlined in this Policy.

Explicit or Adult Content

As stated in our General Terms of Service we do not accept submission of any "adult" or explicit content on our site. Any work deemed to be explicit according to the definitions in our Mature Content Policy shall be removed immediately as we become aware or are notified of it.

Voluntary attempts to alter, obscure or "censor" explicit or adult content prior to submission may or may not be allowed for submission, depending on the nature of the original (uncensored) work and other factors outlined in the Restrictions in this Policy.

Harassment or "Hate" Art

Works submitted for the apparent sole purpose of attacking, degrading, or otherwise insulting another specific user of this site (including our site staff) shall be considered Harassment according to our General Terms of Service, and are therefore prohibited from submission.

Commercial Copyrights

While we require documentation of permission to use or incorporate another artist's work for a submission, that rule is written with respect to personal, individual copyrights. Works protected by commercially registered copyrights or trademarks are another matter entirely, because it is often not possible to contact an authorized representative of the commercial entity and obtain permission for re-use of their content at all (or at least, not for free). Therefore we must unconditionally prohibit any submission created through the direct editing or alteration of, or which otherwise prominently incorporates commercially protected ("all rights reserved") work such as:

* Screenshots from television or film (whether live-action or animated),
* Screenshots, pixel artwork ("sprites") or 3-dimensional objects belonging to (and taken directly from) video games,
* Large excerpts from printed work, such as magazines, novels, or song lyrics.

Naturally, this is not a complete list and is intended only to quickly convey the nature of this rule.

3 - Restrictions

Photography of Craft Items or Other Traditional Media

Because certain types of traditional art or craft media can only be captured and submitted in photograph form, for this purpose we allow an exemption from the usual prohibition on photography. When and where a camera is used to photograph a work crafted in traditional media, the following guidelines must be met:

* The photograph must clearly center on and depict the craft item or traditional media work in question;
* The photograph must not feature or otherwise include subjects other than the work itself.

These guidelines are in place to ensure that the 'real' work is understood to be the artwork or crafted item depicted in the photograph, and not the photograph as a work itself.

Custom made costumes and/or dress created for 'cosplay' purposes are also an acceptable form of craft work, provided that the costume does (on its own terms) satisfy the requirements of this Policy, i.e. it was crafted by the submitter. Naturally, when the artist themself is the one in costume it is acceptable for another person to be the one behind the camera, but ultimately the above guidelines regarding the resulting photograph must still be met. For example, a "group shot" of several costumed persons at a fan convention is not an acceptable photograph because it contains multiple persons that distract from the artist's costume as a crafted item.

Censoring of Explicit or Adult Content

Sometimes an artist may create a "clean" or "censored" version of an explicit or adult work. It is of course their freedom and right as an artist to create alternate or derivative versions of the same piece, but because we cannot accept explicit or adult work (as per our General Terms of Service), we must clarify whether or not we can accept the censored version for submission. This decision is made on a case-by-case basis depending on a number of factors, including:

* Type of content that was censored. For example, it is a simple matter to apply censoring over elements of nudity or profanity, but other forms of offensive content such as racist or sexual content are not so easily hidden;
* Estimate of what the original work would be had no censoring been applied at all;
* Method of censoring performed, for example: omission or removal of nudity, pixelization or blur filters, strategic placement of obscuring foreground objects, opaque overlays ("censor boxes"), Bowdlerization of language, or so on;
* Extent of censoring, i.e. how much area of the original is actually affected by the censoring;
* Whether or not the artist mentions or links to the original, uncensored version, or has previously attempted to submit the uncensored version.

It is generally the first two factors that we give the most weight when evaluating a censored work. If the censored version is deemed acceptable, we must ask that you do not supply a URL to the original uncensored version, and if possible treat the censored version as an individual, complete work itself.

Montages or Collages of Multiple Sources

In general, when submitting a "montage" comprised of several images, each part must individually satisfy the requirements of this Policy. Montages that incorporate, for example, commercially protected work will not be acceptable for submission.

5 - Other Considerations

Scraps

The "Scraps" designation on our submission page is for rough sketches, incompleted works, or works-in-progress that you wish to keep separate from your formal user gallery. Scraps submissions are subject to the same core rules as ordinary Gallery submissions, and the distinction is largely a matter of personal taste and convenience rather than official policy.

Lined Paper

Historically, FAC site staff have always asked that our users avoid drawing sketches on ruled notebook paper, and find a supply of blank paper (ideally, a sketchbook or drawing pad) for use instead. Sometimes it is possible to filter out or remove the appearance of lines from notebook paper, but not always. Having said this, lined paper does not violate any core rules of this Policy and can still be eligible for submission, but we would suggest that you consider using your Scraps section for rough sketches created on ruled notebook paper.

6 - Licensing concerns

Site Staff

We reserve the rights and permission to:

* Selectively monitor or screen submissions prior to making them available for public view, to determine compliance with site Policies;
* Edit or amend details about a submission (e.g. Title, Keywords, documentation of permission to use sources, etc.) when deemed necessary to comply with site Policies;
* Remove at any time submissions that are found to violate any of the Prohibitions or Restrictions described above, or which are otherwise noncompliant with site Policies.

Due to the nature of our site we must also reserve the following technicalities:

* Ability to create derivative, downsampled versions of the submitted work as a snapshot, thumbnail, or "preview" of the original;
* Store, transmit and distribute the above to the end viewer, worldwide and royalty free;
* Allow end users to download a copy of the original work as submitted and stored on our systems, also worldwide and royalty free.

Submitter

* You retain all proprietary and exclusive rights and ownership over your work. By submitting work here, you merely give us the permissions listed above, and none of them are given exclusively to us.
* You retain all authority to set terms for licensing or re-use of your work by other users.

By submitting work here you are declaring that the work you are submitting, to the best of your knowledge, complies with our site Policies, and that violations of this Policy can constitute grounds for disciplinary or administrative action.

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Stratadrake
Grammar nazi
(and proud of it)


Joined: 05 May 2004
Posts: 13690
Location: Moo

PostPosted: Sat Feb 06, 2010 4:22 pm    Post subject: Reply with quote

UPDATED today, Feb. 6th.

Drafted:
- Prohibitions on phtography, adult content, "hate art", etc.
- Restrictions on photos, censoring
- Mentioned Scraps and Linedpaper
- Summary of rights given to the site, and rights retained by the artist

Still to do:
- Rules specific to written submissions
- Miscellaneous topics such as generators/kits
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