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Sam O'Donovan-Jones
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So then dA, wtf. Details - submission agreement

Sun Jan 29, 2006, 6:47 AM
News : Prints coming soon! - oh no wait. Not now.

Right here we are. Some new revalations.

1. in the deviantART submission agreement (quoted here) :

"2. Ownership. 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."

2. in the deviantART TERMS OF USE :

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

So b asically is says that you retain copyright to all your work "without limitation." But it also says that deviantART is owner to all copyright. There is a strong difference between copyright and ownership rights.

3. another interesting development is tha tif you go to sign up as a memeber, scroll down to the bottom of the page. You will notice no bar at the bottom with the usual "About Contract Terms of Service Privacy Policy Etiquette Policy" etc. However print this page off and you will find they will be printed at the bottom of this page.

It's as if they are trying to cover something up...and i'm not ever partial to the odd conspiracy theory.

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All this seems a little odd, does it not? Please prove me that dA isn't up to something. Or ban me and prove me right.

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12 Comments

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=frostfire101:iconfrostfire101: Jan 29, 2006, 9:39:14 AM
it also says that da can do whatever they want with all submissions, but as long as it basically says deviantART on it, there's nothing we can do about it because they can say it's advertisement and as holders of the copywrite, we can do very little, the most we can do as owners is ask then not do that

--
Happiness is like peeing your pants, other people can see it but can't feel its warmth.

speak to me, i'll speak to you, but tell me nothing and i'll dwell in silence
~ToRestrictInfinity:iconToRestrictInfinity: Jan 29, 2006, 9:54:54 AM
While I still don't have a real stance on this whole submission agreement issue and am not trying to support or deny anyone's opinion, the one thing you do have to understand is that it is less than likely that dA will actually take advantage of its members in such a way as the consequences will be dire. If dA is becoming a "corporation" of sorts, as everyone is complaining about, then its success depends on their "clients" (deviants). For example, if any company that is one of many (even if it is the "best") would not be able to charge ridiculous amounts of money for their product, because their clients simply would not buy the product, and would go elesewhere. deviantArt depends on its deviants the same way a corporation depends on its clients, if they begin to take advantage (a.k.a. "stealing" artwork, prints, etc.) then people will simply leave, as a few already have. I'm sure dA understands this simple fact, but I'm not sure many of the people who are tweaking out about the submission agreement do.

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:D :D
~destinationhell:icondestinationhell: Jan 29, 2006, 3:19:00 PM
lots of ppl have already stop submitting work here because they say they own your name and work something similar to that. It's crazy But I know I'm not submiting anything esle

--
The Only Person You Can Let Down Is Yourself. Remember that.

mygallery: [link]
*DKF:iconDKF: Jan 29, 2006, 4:16:31 PM
well, then if there is so much confusion about this agreement then why don't they adjust it and say specificly what the want and what they need to achieve it?? Either some really clever people tought this thing up or some not so smart people that can't put into words what they want and thereby spreading panic and disbelieve. It is a confusing thing to me and to a lot of other deviants. And if they want this thing cleared up they need to change the agreement into something understandable imo.

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Take a look at my gallery link
~nelsonp:iconnelsonp: Jan 29, 2006, 5:46:34 PM
Well said, im a bit confused to. I hope they fix this soon.
~ToRestrictInfinity:iconToRestrictInfinity: Jan 29, 2006, 5:53:26 PM
I completely agree with you, there is no reason that a user should have to understand legal jargon etc. in order to join a website. One thing that may seem confusing is certainly the way it is all stated, a lot of the reason it is so jumbled and confusing is that they need to cover all their bases (asses) in case someone tries to take advantage of the system on a technicality (a.k.a. "loophole"). I'm no lawyer or anything so I have no idea if there exists or not not a better way to word the submission agreement, but from the ruckus caused by its current iteration, it is clear that something must be changed.

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:D :D
*vissroid:iconvissroid: Jan 29, 2006, 7:45:31 PM
yeah this is a real cryin smae...they need to make it all in normal text so we can understand and just say on how it would be used and not own OUR work

like if they wanted to set it up so they could have it in like a mag' and your art may be in there then it should say that and if the mag' was sold at some normal prise then I'd be fine...it'd be good ol' thing since more peopl would see your art

but this whole deal they made here in the new agreement is like one giant LOOP-HOLE for them to do anything they want to it(even just take your pic' make it as a print and sell it to as many people they want without the very artist even knowing(like many stories I've heard of people finding there art in a store!) they never knew til they saw it psh!

So I aint submiting anything ever on here til ONE: they fix that damned agreement and...well thats it(unless they gave me a writin deal on what they would be using it for and I'd agree to it ONLY)

but meh...this has been a very upsettin week for me in the art world...I have nearly spent hour/hours most nights this week tryin a find an art site that is as dA used to be...

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Even if you win...
You're still retarded...

prints: [link]
~ximmer:iconximmer: Jan 29, 2006, 9:56:54 PM
find a lawyer and get them to translate it for us all.. im sure out of the millions of billions of users there's a law student or lawyer on here willing to decifer it into layman terms

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ximmer. <!">PRINTS. //
ximmer. ART. //
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and im aussie!
~luisfer23:iconluisfer23: Jan 31, 2006, 8:47:56 AM
Welcome to the corporate conspiracy theory world....hehehe....

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"Better to be hated for who you are than loved for who you're not" - Phlogiston Verdigris-
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