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Deviant Art Owns Your Images
Recently there was a thread about Myspaces terms and conditions concerning the fact that it plainly states that as part of you putting your pics, art, music or whatever on there, they can do as they please with it until you delete that material. I read their information and immediately removed all of my photographs from my profile on there since most of it was photographs from my shoots with models. This brought me to check into my membership of DeviantArt.com, and sure enough they have the same terms in their agreement. I also just now, after typing this noticed that they claim they can not even delete your account. Which gives them a loophole.Since your account can not be deleted they can use your stuff forever basically. "License 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: a) 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; b) 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 ; c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and d) 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. e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated. f) 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. g) As used in this Agreement, the term "Artist Materials" means any content uploaded to the deviantART Site(s) which may include without limitation Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, artwork, liner notes, and other graphical or textual materials and any and all "skins," computer-generated images or other artwork or images that Artist submits to deviantART." Apr 26 06 06:35 pm Link No...it doesnt...this has been beat to death. Show me a case of DA using peoples photos and work for profit.... They would make a killing by using all that art and photos. Deviant Art is a great way to get publicity. They do this to cover thier asses so people cant sue them if... someone steals your photo from DA and causes damanges Also, they legally need rights, so they can legally post to the public your work to the web (you are granting them permission to post). Apr 26 06 06:46 pm Link I can`t be comfortable on a site that plainly states they can do what they want with my images.Even if they do not, the fact that their agreement says they can, regardless of why they say it, makes me uneasy. I do not have agreements with my models for this sort of thing. If by some chance DA did in fact use one of the shots of one of my models, I run the risk of being sued myself for breach of contract. I somehow knew you would be at least one of the first few to reply lol Apr 26 06 06:49 pm Link Glamour Boulevard wrote: That is fine. Apr 26 06 06:50 pm Link Glamour Boulevard wrote: I haven't read the terms of your release, but mine has a provision for "nominees and designees" -- which basically covers a site like DA, as there is an agreement in place that they may use my images [which actually is more a CYA move on their part than anything else]. Apr 26 06 06:55 pm Link Melvin Moten Jr wrote: Bingo - they are just trying to cover their asses from people who would do anything to make a quick buck via law suit. Apr 26 06 06:59 pm Link Melvin Moten Jr wrote: Mine covers signees and such to, now that I think about it. But I have agreements with my models that their images will not be displayed anywhere without them knowing about it.DA is not one of my signees/nominees. Apr 26 06 06:59 pm Link i wouldnât really be worried about DA making a killing off your work. There are a lot of artists up there that they really could rob blind. illustration artists are most at risk because of the ability to make it into a logo, t-shirt or trendy whatever and sell it to the highest bidder. Stock images as well if their good can be easily abused. DA is really a fantastic resource and mostly just about the art/community, they already make quite a bit for resources to sell prints and memberships why would they risk it? I'm certian you'd have heard something by now. Apr 26 06 06:59 pm Link Glamour Boulevard wrote: Ah, that is another matter. Most of my subjects want all the exposure they can get, so being seen on a site like DA isn't a big deal to them. Come to think of it, more and more of my subjects have their own DA galleries. Apr 26 06 07:04 pm Link Melvin Moten Jr wrote: Some just like to know where they are shown.If I am displaying my images of them on DA and DA actually decides to use one of their images in an ad, or perhaps in some future myspace the movie type thing, I dont want the models who I have good friendships with goin hey what the hell is up with this, you told me youd tell me where my stuff was goin before it went. Apr 26 06 07:07 pm Link So are we over the blind fear of "omg!!! they will steal your stuff and make millions of dollars?!" Cause..to be blunt..if that was the issue would major names like Lithium Picnic, Marvel comic artists, and other major names use a site that was just going to rip them off ? Apr 26 06 07:11 pm Link Lady Atropos wrote: Then again how many actually read all of the terms and agreements on these sites? Apr 26 06 08:54 pm Link There's a slight gotcha with this type a agreement made by the various websites and contests. This happened to me because one of my models entered a contest. The contest stated that any photos posted in the contestant's public area could be used for the events promotional use without any notification or renumeration. My models know that I own the copyright to my photos. When she posted my files in the contest - with the copyright notice, this would cause some legal issues. If they use the copyrighted photo without my consent - it constitutes a copyright infringement. The model doesn't hold the copyright and has no authority to transfer rights to a third party. Even without the notice they could be in a grey area if the model doesn't really own the transfer rights. Generally I advise photographers and models to simply not join sites or enter contests that claim ownership or use of the photos of all enteries or uploads automatically. Apr 27 06 04:43 pm Link Glamour Boulevard wrote: I always do. Apr 27 06 05:09 pm Link *sigh* Here we go again. Apr 27 06 06:00 pm Link Glamour Boulevard wrote: Hopefully a few. Apr 27 06 06:47 pm Link Vivid wrote: I see your tongue in your cheek. Apr 28 06 01:29 am Link DA does not OWN my images, I own them, I have the copywrite on them, and there is certainly no contract that stated i gave up ALL my rights to them, people who flipped out on the last year were uninformed and fraidy cats I very much enjoy MM, but with only 20 slots and not much activity beyond adolescant chatting in Shout there's not much to it. Some of these forums are quite good though. I love OMP (I know that's a big fau paux here) But f it I like it, I'm platinum and it loo damn professional, I love my own site, designed coincidentally by the aforementioned Lady Atropos, we needs to talk hun. but DA fucking rocks! I have over 300 images on it, loads of friends from various artistic walks of life, and comments from people who "get it" If DA ever steals my work I'll be pissed, then call the family attorney on retainer and let him loose - wait, is he on retainer, or does he have a retainer? I keep forgetting Apr 28 06 02:37 am Link There is one thing that you dont seem to consider. DA would not want to lose business by selling the images. But that contact effectivly gives them a large portfolio of possible images. Does anyone here think that that if they were calling into receivership (went bust), that the lawyers would not see this as a way of creating a lot of revenue. Apr 28 06 02:42 am Link |
