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https://about.deviantart.com/policy/submission/ https://about.deviantart.com/policy/submission/ 3. License To Use Artist Materials. As and when Artist Mate

by buro9 10y ago

https://about.deviantart.com/policy/submission/ https://about.deviantart.com/policy/submission/ 3. 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 ... The only thing a DeviantArt user can do is to delete their content, shut their account, and leave the site. The policies only apply for the "Term" in which a user exists and the art exists on the platform.

TheArcane 10y ago
Royalty-free? Looks like a bad deal.
- Kesty 10y ago
  It's a classic point in most, if not all, social websites or where the content is generated by the user. And it's usually there to protect the website for altering storing and advertising with user generated content. It always has had the potential to be used for bad, we will see if this time actually happens.
  - delinka 10y ago
    "Royalty-free" doesn't mean they can just do what they want. It means they're not going to pay you for the things listed in the license (to which you agreed by hosting on their site.) It doesn't even say "...perpetual license." It's clearly limited to stuff you've put on their systems, while it's on their systems. You remove it, they can't use it.
dahart 10y ago
I'm no lawyer, but it looks like that language grants the DeviantArt corporation rights to use submissions, which they need in order to provide basic search as well as marketing. It would be a different thing to grant Wix users the right to take someone's work over to their own sites, I speculate that would require an extension or transfer of copy rights in addition to the quoted policy. I'd wait and see, I'd expect that Wix won't just lay claim to all submissions without asking for permission or remunerating artists who's works are sold.
- throwaway729 10y ago
  > I'd expect that Wix won't just lay claim to all submissions without asking for permission or remunerating artists who's works are sold. If buro9's reading of the user agreement was right, those artists' work was just sold. For 35M.
delinka 10y ago
Notice it says nothing of re-licensing to others. These terms seem to facilitate DeviantArt's (and presumably its owner(s)) ability to show your work to the world on their site. But does not facilitate their sub-licensing your work to others. If I were an artist and loved my DeviantArt account, I'd make sure to hold them to task if my work showed up on a Wix customer's site.
- Someone 10y ago
  If I understand wix.com's product correctly, those customer sites run on wix.com's servers. So, one could argue that it would be wix.com that shows the images. It would not be clear-cut that this infringes on that license. I do hope that wix.com will do the right thing, though, and limit this to images that their creators permitted to be reused and/or add a feature where wix customers can negotiate with deviantart users over pricing.
pdpi 10y ago
a) We can re-encode your images, to whatever format we need to make the website work. b) We are allowed to display the pictures online. If something happens and the internet stops existing, we'll still be allowed to show people pictures where we go after the web. We are also allowed to display pictures not only by themselves but also as part of a gallery. E.g. in search results. c) We're allowed to resize, convert to grayscale, etc so that galleries, search results, etc, all work the way a modern website is expected to. You need all those rights to be able to operate DeviantArt. You really don't want the licence to become the limiting factor when you implement a new feature on the website, so you need to be quite broad.
- usrusr 10y ago
  Sure, but you those very same terms could also be used to operate something entirely different from deviantart. Was the parent post accusingly pointing fingers or was it just dusting facts? That Wix scenario doesn't look all that terrible by the way: imagine deviantart pivoting into some kind of racket machine publishing connections between cringeworthy "early works" and the current employers of meanwhile professional graphics artists, now that would be an evil use of the repository.
HeyItsShuga 10y ago
This line is pretty common in ToC's as far as I know (I'm no lawyer). It allows them to show the images on the site and in advertising. Nothing too uncommon, and most of it's needed to make the site work.

by buro9 10y ago

TheArcane 10y ago

Royalty-free? Looks like a bad deal.

Kesty 10y ago
It's a classic point in most, if not all, social websites or where the content is generated by the user. And it's usually there to protect the website for altering storing and advertising with user generated content. It always has had the potential to be used for bad, we will see if this time actually happens.
- delinka 10y ago
  "Royalty-free" doesn't mean they can just do what they want. It means they're not going to pay you for the things listed in the license (to which you agreed by hosting on their site.) It doesn't even say "...perpetual license." It's clearly limited to stuff you've put on their systems, while it's on their systems. You remove it, they can't use it.

dahart 10y ago

I'm no lawyer, but it looks like that language grants the DeviantArt corporation rights to use submissions, which they need in order to provide basic search as well as marketing. It would be a different thing to grant Wix users the right to take someone's work over to their own sites, I speculate that would require an extension or transfer of copy rights in addition to the quoted policy. I'd wait and see, I'd expect that Wix won't just lay claim to all submissions without asking for permission or remunerating artists who's works are sold.

throwaway729 10y ago
> I'd expect that Wix won't just lay claim to all submissions without asking for permission or remunerating artists who's works are sold. If buro9's reading of the user agreement was right, those artists' work was just sold. For 35M.

delinka 10y ago

Notice it says nothing of re-licensing to others. These terms seem to facilitate DeviantArt's (and presumably its owner(s)) ability to show your work to the world on their site. But does not facilitate their sub-licensing your work to others. If I were an artist and loved my DeviantArt account, I'd make sure to hold them to task if my work showed up on a Wix customer's site.

Someone 10y ago
If I understand wix.com's product correctly, those customer sites run on wix.com's servers. So, one could argue that it would be wix.com that shows the images. It would not be clear-cut that this infringes on that license. I do hope that wix.com will do the right thing, though, and limit this to images that their creators permitted to be reused and/or add a feature where wix customers can negotiate with deviantart users over pricing.

pdpi 10y ago

a) We can re-encode your images, to whatever format we need to make the website work. b) We are allowed to display the pictures online. If something happens and the internet stops existing, we'll still be allowed to show people pictures where we go after the web. We are also allowed to display pictures not only by themselves but also as part of a gallery. E.g. in search results. c) We're allowed to resize, convert to grayscale, etc so that galleries, search results, etc, all work the way a modern website is expected to. You need all those rights to be able to operate DeviantArt. You really don't want the licence to become the limiting factor when you implement a new feature on the website, so you need to be quite broad.

usrusr 10y ago
Sure, but you those very same terms could also be used to operate something entirely different from deviantart. Was the parent post accusingly pointing fingers or was it just dusting facts? That Wix scenario doesn't look all that terrible by the way: imagine deviantart pivoting into some kind of racket machine publishing connections between cringeworthy "early works" and the current employers of meanwhile professional graphics artists, now that would be an evil use of the repository.

HeyItsShuga 10y ago

This line is pretty common in ToC's as far as I know (I'm no lawyer). It allows them to show the images on the site and in advertising. Nothing too uncommon, and most of it's needed to make the site work.