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Apparently Hot Topic started selling a shirt featuring a popular artwork uploaded here on DeviantArt without that artist's permission. Tumblr Post
Okay then, reliable-fount-of-information-called-Tumblr. Does deviantART have the right to sell the art people upload?
TLDR: No.
Let's look at DA's Terms of Service and policies. I translated all of the relevant policies you agreed to when you started using the site.
4. Copyright
16. Copyright in Your Content
This page shouldn't be called a "policy" because it isn't. The page explains copyright basics. It has instructions on what to do if someone uploads your art to the site and infringes on your copyright.
You agree to the rules when you upload a piece of art. You can end the agreement at any time for any piece of art by deleting it from the site.
Each artist keeps the copyright and ownership of the art they upload to the site. By uploading a piece of art, you give DA a royalty-free license so that they can display it on the site without you suing them. You give DA the right to:
1) Electronically publish your art or pieces of your art.
2) Resize your art, make collages, and "alter" your art in similar ways.
4) Use your art to market and advertise deviantART.
5) Use your DA name, profile, and bio to promote and market deviantART.
6) Give any of the above rights to other people and companies through a sublicense. Note: This is probably so DA can hire outside advertising companies to make ads about deviantART and stuff like that. It does not allow DA to sell your art to third parties.
DA must get permission from an artist to use their art for any commercial purpose.
If somebody steals your art on DA and makes shirts out of it, DA has indemnity. This means you can't sue deviantART. Instead you have to go after the person who stole your art
So did Hot Topic steal your art? Go sue Hot Topic.
Okay then, reliable-fount-of-information-called-Tumblr. Does deviantART have the right to sell the art people upload?
TLDR: No.
Let's look at DA's Terms of Service and policies. I translated all of the relevant policies you agreed to when you started using the site.
Terms of Service
4. Copyright
deviantART is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to deviantART are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of deviantART or the appropriate owner of copyright in such works. deviantART does not claim ownership rights in your works or other materials posted by you to deviantART (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
Translation: DA owns the right to the things it runs, like the website. The artwork on the site is owned by the people who made it. DA does not own your art.
16. Copyright in Your Content
deviantART does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to deviantART a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on deviantART any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
Translation: DA can post the art you upload to the website. The royalty-free license DA has is "for this sole purpose." If DA sells your artwork, they violate the terms of the license and you could probably sue them and win. However, if someone else used the site to download your art and sell it, you would not be able to sue DA and would instead have to go after the actual person (third party) who sold it.
Copyright Policy
This page shouldn't be called a "policy" because it isn't. The page explains copyright basics. It has instructions on what to do if someone uploads your art to the site and infringes on your copyright.
Submission Policy
Lots of words.
Translation:
Each artist keeps the copyright and ownership of the art they upload to the site. By uploading a piece of art, you give DA a royalty-free license so that they can display it on the site without you suing them. You give DA the right to:
1) Electronically publish your art or pieces of your art.
2) Resize your art, make collages, and "alter" your art in similar ways.
4) Use your art to market and advertise deviantART.
5) Use your DA name, profile, and bio to promote and market deviantART.
6) Give any of the above rights to other people and companies through a sublicense. Note: This is probably so DA can hire outside advertising companies to make ads about deviantART and stuff like that. It does not allow DA to sell your art to third parties.
DA must get permission from an artist to use their art for any commercial purpose.
If somebody steals your art on DA and makes shirts out of it, DA has indemnity. This means you can't sue deviantART. Instead you have to go after the person who stole your art
So did Hot Topic steal your art? Go sue Hot Topic.
Animal Character Design Workshop: July 11
Animal Character Design Workshop Sunday July 11th, 2021 10:30 am - 12:00 pm Eastern time (EDT) LIVESTREAM: https://youtube.com/c/CrownePrince/live (link works during stream only) RAMCon: https://www.therealramcon.org/eventschedule Design your own new character from scratch! This live workshop starts with a blank canvas and walks you through everything from base design to colors to incorporating personality traits into appearance. By the end of the stream you will have a finished character or a solid first draft to expand upon. Character bases for popular animal types will be available for free during the livestream. Workshop recording will be posted on Patreon. https://www.patreon.com/crowneprince Workshop & line art will also be available on my store page. https://crowneprince.horse/store
First Time Animating MAP
Amazing animations from everyone who contributed and gave animating a whirl! Watch the music video below.
Split Screen Stickybee MAP
67 artists made an animation with no idea what would be on the other side of the screen. The result is a music video unlike any other!
Links to all of the animators are available in the YouTube description.
The music is Stickybee by Josh Woodward.
Scribble Kibble Returns with Episode #101
© 2014 - 2024 CrownePrince
Comments36
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One of my artworks got falsely reported, even if i put the censor bar on it.