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About Me Member deviantART Loather knocturnalMale/United States Recent Activity Deviant for 5 Years
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DeviantARTMobile disguise for new submission polic

Mon Apr 4, 2005, 9:08 AM
From the new deviantART submission policy:
" DA's words "
[ my words ]

" ..when Artist uploads Artist Materials to the deviantART Site(s), Artist
acknowledges that third parties may use the Artist Materials as described herein. "

[ Third parties meaning anyone or anything that is not you or DA ].

" Artist hereby grants to deviantART a worldwide, royalty-free, non-exclusive license
to do the following things during the Term:
to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital), and electronically publish any or all of the Artist Materials, including any portion thereof, and to include them in compilations for such purposes, by any and all means and media now known or hereafter devised (for avoidance of doubt, the rights granted to deviantART hereunder include the rights to make Artist Materials available on deviantART Site(s), and/or third-party websites and electronic devices); "

[ So when you upload your art to DA, they can use it in pretty much whatever way they see fit. Essentially you are giving up any power you have with your copyright to DA when you art is placed on DA's servers. ]

" 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); "

[ eg: slap a DA logo on one of YOUR pieces of art, without your consent (besides this license) and do whatever they wish with said piece of art ].

" the right to sublicense to any third party any of the foregoing rights in the Artist Materials, or any part or element thereof, subject to the terms and conditions of this Agreement. "

[ DA can freely give other entities/companies/corporations/websites /etc. whatever rights they have (see above). For all the linux fanboys and girls, DA could essentially sell YOUR art to Microsoft to use in whatever way they see fit. ]

" Artist hereby disclaims any and all right, title, or interest in any and all material with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated. As used in this Agreement, the term "Artist Materials" means Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, artwork, liner notes, and other graphical or textual materials that Artist uploads to deviantART, and any and all "skins," computer-generated images or other artwork or images that Artist submits to deviantART. "

[ Verifying what I said above. Now you too can lose "any and all rights,etc" to your art when you upload to DA today! ]


" Artist hereby grants to deviantART:
(a) a perpetual, worldwide, royalty-free, non-exclusive license to use during the Term Artist's name(s), group name, photograph and/or likeness(es) and biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, and the deviantART Site(s)as described hereunder, during the Term, and;
(b) a perpetual, worldwide, royalty-free, nonexclusive license to use Artist's name(s), group name, photograph and/or likeness(es) and biographical materials solely in connection with the promotion and marketing of deviantART and/or the deviantART Site(s). Artist also agrees not to assert any privacy, publicity, moral or similar rights held by Artist (and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Artist Materials, Artist agrees that such persons shall not assert of any privacy, publicity, moral or similar rights)
under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder; and,
(c) To the extent that the Artist Materials contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Artist hereby grants to deviantART a perpetual, worldwide, royalty-free, non-exclusive license to use the foregoing in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, as described hereunder, during the Term.
Payment. Unless otherwise agreed between Artist and deviantART in a writing signed by both parties, the license granted to deviantART pursuant to this Agreement shall be royalty-free. "

[ ..and more on "upload to DA and we now own your art and owe you nothing" ]

" Artist has the full right and power to enter into and perform this Agreement and to grant deviantART all rights to use the Artist Materials as contemplated in this Agreement, including, without limitation, the license grants in Sections
3 and 4, "

[ Sections 3 and 4 above ]

" Artist has secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for Artist to enter into and perform this Agreement and to grant deviantART all rights to use the Artist Materials as contemplated in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Artist Materials), "

[ This is essentially saying you have agreed by uploading your art to DA, that they may now do with it whatever they want.
..and as a side note to all of this, DA cannot be held responsible for anything that happens on their site regarding your art. (eg: someone taking your art and using it for profit)
In a perfect world, this may be understandable. However with all of their "requirements" listed in the license above, how are you supposed to trust such a corporation?
Forced use of javascript to activate certain features of site (opting out of DAMobile for example), which then automatically turns on their ad spamming service, had you turned this off earlier. ]

" deviantART, the deviantART logos and mascots, and the layout and design of the
deviantART Site(s), among other marks that may appear on the deviantART Site(s) are trademarks of deviantART Inc., LLC (the "deviantART Marks"). Other trademarks and service marks on the deviantART Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. You Artist may not use any of the deviantART Marks without deviantART's prior written permission, and you Artist may not use any third-party marks without the third party's prior written permission. "

[ DA says: you may NOT use any of OUR or our third parties (read: advertisers) art, yet we may freely use YOURS! How about playing fair, DA? what's good for those measly artists is just as good for your superdupermegacorp! ]

" If Artist continues to upload Artist materials after being notified of the changes to the
Agreement, Artist will be deemed to have accepted those changes and the new terms of the Agreement shall govern all prior and future submissions of Artist Materials."

[ so if you don't agree with what's listed above, and this is important:
QUIT UPLOADING SHIT TO DEVIANTART!
Otherwise, it basically becomes their property, with which they can do whatever they see fit. I'm assuming most of you do not read the license (as DA would like it this way), and you won't be aware of any changes like these in the future. The only solution is to stop using DA.
In the end, DA cares not for art, but for generating revenue (ie: MAKING MONEY!)
Sites clobbered with advertisements, selling YOUR art as prints, subscription based services to access basic features of the site, "Summits" (lame meetings) so they can suck more money out of us obviously filthy rich artist types where we can get together and discuss our favorite moneywhoring site that likes to take advantage of its users in the name of "art"..
I do not know about you, but I will not be supporting this site any longer.
One less user (who never paid them a cent or viewed their stupid ads) probably matters not to the monster that is DA.
What does matter is someone taking a stand and not supporting something that they do not believe in, which is a quality that is unfortunately lacking in today's society.
What is not lacking however, is trickery and manipulation used by corporations to take advantage of the "little guy" solely for profit.
Have fun milking your users for all the money and art they are worth, DA.

I for one, won't give up my universal rights just so someone can display my art on their cellphone. ]

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Comments


:icongiljotina:
Hey :)
To tell You the truth, he isn't my real brother....

anyway, thank You :} :blackrose:

--
.. aut. past. ..
:icongiljotina:
Thnx for adding me to Your friendlist :) :kiss: :love:

--
.. aut. past. ..
:icontraumaticdream:
hey welcome i like ur style
:iconpeskaa:
Hello there random deviant. :aww:

--
:lol: "your poetry is deep as the ocean. It makes me want to rite better." !wretchTard
:iconbeloutte:
hi you, welcome to deviantart !
:iconknocturnal:
Dark ambient?
Well, just a few I've been listening to lately:

Lustmord
Sleep Research Facility
Cold Electric Fire
Sator Absentia
Triage
Terra Sancta
Lull...
:icondiamondie:
Wow, I got your first pageview. Welcome to DeviantART! Always nice to see new ANSI and ASCII artists here, I'm looking forward to seeing more pictures from you. I wonder what dark ambient artists you like.

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