blaneyphoto (blaneyphoto) wrote,

From the iStock forums - for anyone with a DeviantArt account....


Any exclusives who have a DeviantART account should probably read this journal entry I came across last night, which contains the upload agreement I am honest enough to admit I was stupid enough to not read when they changed it. You can skip everything but the agreement, really-- it's more rehashing of the power struggle going on right now-- but it spells trouble for exclusives, especially this bit:

3 License. to Use Artist Materials. Artist hereby 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 portion thereof for digital transmission, manipulation and exhibition in any format and by any means now known or hereafter devised;

b 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), third-party websites and electronic devices);

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 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.

e 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.

If you read further in the agreement, you find out that even items which you have deleted from deviantART can be used under the above clauses, unless you delete everything you have on DeviantART and then formally inform them that you have left the site, by sending a notice via fedex, read-receipt mail, etc to their legal department.

I am not a lawyer, obviously, but the "grant to DeviantART a worldwide, royalty-free, non-exclusive license" bit seems pretty clear. It's pretty tedious, since I've been an active member of DA for three years, but I'm in the process of removing all my stuff. Just wanted to give any other exclusives with a DA account a heads-up, and maybe give legal the chance to weigh in if they wish.


From the DA help section....

How can I close my deviantART account?

You cannot close or delete your account. We preserve all accounts, and their activity, for historical purposes.

If you wish to leave deviantART, simply remove any deviations you have, and any information you no longer wish to have displayed on your user page.

Why, exactly do the want to preserve an account for "historical purposes"?

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