Log in

No account? Create an account

Previous Entry | Next Entry


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"?


( 5 comments — Leave a comment )
Aug. 26th, 2005 06:06 pm (UTC)
Why, exactly do the want to preserve an account for "historical purposes"?

A group of co-students and I at Dal are developing an events calendar for the DSU. We are saving all entries, even those deleted, for statistical purposes with the potential of possibly someone getting a research paper out of it.


People like statistics
Aug. 26th, 2005 11:22 pm (UTC)
I don't understand you're abbreviations -Dal and DSU, but why should you have access to MY work that I've made clear I don't want available to ANYONE? I deleted it so people couldn't view, use, or mis-use my work.

Personally I couldn't care less about Deviant Art having a historical record (or future, for that matter).
Aug. 26th, 2005 11:39 pm (UTC)
oh, my bad.
Dal = Dalhousie University (My school)
DSU = Dalhousie Student Union

*shrugs* I do understand your point of view as well. However, personally once you put anything onto the internet that can be view by anyone (protected posts are still viewable by admins and so on - I mean, they are on thier servers), there are going to be backups and cachings. They aren't gone completely. Certainly, lj probably purges some deleted pictures occasionally (I had a friend of mines lj entirely deleted - all pictures - and the account reset and all pictures were lost - and the picture were un-obtainable), but they 'could' still have the pictures. So, to protect themselves, they tell you they very well could have them, and they have the right to.

I don't, however, agree with the statements basically giving them free reign over what happens to the stuff on their servers.
But nearly everywhere is going to have waivers saying things like that. In fact, I bet somewhere in livejournal they claim ownership over every post you make, and could make a beautiful movie of your life if they felt like it without asking.
Aug. 26th, 2005 11:48 pm (UTC)
I'd actually be much less concerned about these same issues with LJ. Deviant Art was always a crappy site in my opinion, and I really don't know what possessed me to ever post anything there at all.

I doubt any of the photos would ever get used for anything either - since they are small, low quality scans from prints (mostly) and not something that could ever be really reused. However, as a professional, I need to be hyper vigilant about guarding my work. I fully expect that random people might download my shots from LJ, but those are very unlikely to be sold/printed/etc but when a company is aggressively trying to prevent me from removing my work, I question the motive. I trust Nobody simply at thier word.

And LJ is really cool, so if they want to make a movie of my life that's great - I could use the exposure.

I'm not in any danger of losing photos should my LJ dissapear - I pay good money to host gigs of photos elsewhere. Nothing will be lost!
Aug. 26th, 2005 11:52 pm (UTC)
oops. I made a mistake again.
When I said "lj disappeared" I meant dA account.
And it went missing due to someone else finding their password and deleting the account.
She tried to have the pictures recovered from dA, but they didn't have them.

So really what I was trying to say is that they aren't neccessarily keeping everyone pictures for everything. Just that they might have them. *shrugs* I bet if someone sent someone an email at dA they might explain it better. Lawyer-speak has "protect-my-ass" in it almost as much as "screw-you".
( 5 comments — Leave a comment )