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Author Topic: DA Print Program  (Read 1334 times)

Offline Hugo

DA Print Program
«: April 17, 2008, 09:01:34 PM»
I was thumbing through Deviant Art's Print Program agreement and came across this:
(c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee. You hereby grant to deviantART and its sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Artwork and the right to use the name that you submit in connection with the Artwork.

Bascially that means not only the art belongs to them and anyone they feel like giving it to, but they also now own the character pictured as well as their name and any information associated with them.

What I want to know is, why is it not enough for them to own the picture? Why do they also have to own the character and all of the character's information? All I can say is I'm never going to upload anything but generic prints of generic things.

Opinions?

 
        

Offline Azula

Re: DA Print Program
«Reply #1: April 17, 2008, 09:12:21 PM»
my opinion is that deviantart sucks and is a waste of internet.

Offline Narnia

Re: DA Print Program
«Reply #2: April 18, 2008, 03:36:26 PM»
Link to full agreement please!
"The views expressed in this message are mine alone and do not necessarily reflect those of the Furcadia Art Zone, Dragon's Eye Production, or Furcadia."

Offline Hugo

Re: DA Print Program
«Reply #3: April 19, 2008, 08:12:35 AM»

Offline Narnia

Re: DA Print Program
«Reply #4: April 19, 2008, 04:27:52 PM»
That program is ridiculous and would never submit art to it.
"The views expressed in this message are mine alone and do not necessarily reflect those of the Furcadia Art Zone, Dragon's Eye Production, or Furcadia."

Offline Sync

Re: DA Print Program
«Reply #5: April 19, 2008, 05:12:04 PM»
That program is ridiculous and would never submit art to it.

Offline Tate

Re: DA Print Program
«Reply #6: April 19, 2008, 05:13:26 PM»
My dad had been thinking of buying me a subscription to DA at one point, to sell prints. I'm now glad he didn't.

Offline Rainbow

Re: DA Print Program
«Reply #7: April 19, 2008, 07:37:33 PM»
What is a good place to submit art?
I don't want my shit thieved.... even though I haven't really posted any personal things.

Offline Hugo

Re: DA Print Program
«Reply #8: April 19, 2008, 09:12:53 PM»
My dad had been thinking of buying me a subscription to DA at one point, to sell prints. I'm now glad he didn't.
Actual the website subscription doesn't include premium print capabilities, you have to pay them another 29.95 every year. So that's About 60 bucks a year so sell things and only get a percentage of the profit.

Offline Tate

Re: DA Print Program
«Reply #9: April 19, 2008, 09:22:26 PM»
My dad had been thinking of buying me a subscription to DA at one point, to sell prints. I'm now glad he didn't.
Actual the website subscription doesn't include premium print capabilities, you have to pay them another 29.95 every year. So that's About 60 bucks a year so sell things and only get a percentage of the profit.

That's bull. >.<

Offline Narnia

Re: DA Print Program
«Reply #10: April 19, 2008, 09:43:28 PM»
The thing the troubles me most about this program is that if you remove your artwork from it their is no provision to return your copyrights to you.
"The views expressed in this message are mine alone and do not necessarily reflect those of the Furcadia Art Zone, Dragon's Eye Production, or Furcadia."

Damadar

Re: DA Print Program
«Reply #11: April 21, 2008, 09:22:29 PM»
Actually... From what I read from the Print Agreement, it doesn't give them the copyrights to the characters or anything of the like nature. It does give them a lot of leeway to use it however they wish, but (insofar as I was able to tell,) they'd still have to cite you as the artist. (Unless they made a derivative, in which case standard practices would occur. )

@Narnia:
The Submission Policy that deviantART has terminates the agreement that you have with them insofar as the artwork is concerned, if you remove it. You never, at any time, give them the copyrights to your artwork, and that is stated in their submission policy, as well as a way to get them to stop using your artwork at all.

Quote
a)      To the extent this Agreement is terminated by Artist, the rights granted in this Agreement will terminate only after Artist has removed all of his or her Artist's Materials from the deviantART Site(s) excluding those Artist Materials that cannot be removed by Artist (e.g. comments posted to deviantART), and deviantART has received notice of the removal. If this Agreement is terminated by deviantART, this Agreement will terminate when deviantART removes Artist's Materials from the deviantART website excluding comments posted to deviantART by Artist. If the Agreement is terminated in these ways, the parties agree to cooperate in providing an orderly termination of the relationship.

and...

Quote
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. Artist is free to grant similar rights to others during and after the Term of this Agreement.

On the surface it does seem as though they're bein' rather under-handed, but that's just the legalese. All they're really lookin' to do is use it for advertising purposes, (though I will admit they could do more with it,) and they wanted to have the rights to modify that so that they could use it in advertising. They could do more with it, but they probably won't.

Again:

Quote
They do not own your characters.
They do not own your artwork.
To cancel the rights you give them, just remove the artwork and inform them that you've terminated the agreement.

This is not legal advice.

Also, their "Fees" need to be taken into context. DA Must cost millions to run every year, and they give a -lot- of their stuff out for free, just like Furcadia does. Their charges are very reasonable when you might consider some of the Galleries and such that sell prints and the like for people; charging thousands of dollars just to represent an artist.

Insofar as the 24.95 goes that they charge for a premium prints account... You are buying two different things there, so it makes sense, (to me) that they be seperate. But that's my opinion.
« Last Edit: April 21, 2008, 09:27:12 PM by Damadar »