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Submission Agreement Explained.

Thu Feb 9, 2006, 7:39 AM
Squared Thoughts




Submission Agreement Explained



Okay so a whole bunch of people are (once again) freaking out about the Submission Agreement.

I'm going to go over the salient points here just so there is somewhere for everyone to look for a basic layman's explanation.


Bear in mind that I was not directly involved in the writing of the Agreement (the law firm did that) and this is my own personal explanation and not anything official (I'm just tired of repeating myself to worried people).


Preamble
The preamble simply defines what and who is being discussed and makes a statement that the terms of the submission agreement apply just to the use of the materials on the deviantART website.


1. Term
Thi simply explains that the agreement is in effect from the time that you submit something to the time it is removed either by you or by deviantART. As far as the 'notification' portion is concerned a simple statement made to the Helpdesk will probably suffice, although we do keep records of what gets deleted and when so notifying us is probably not as big of a deal as some people might make it out to be.

2. Ownership
Simple- you own your art at all times and can continue to do whatever you want with it.

3. License to Use Artists Materials

3a.
This gives deviantART permission to encode your work so that it can be compatible with different viewing formats. It allows for future technological advancements and new formats which we may want to use in the future.
3b.
This gives deviantART permission to do whatever it needs to do to show your work to a viewer. It also allows us to take advantage of new technology which could help us show your work to a wider audience.
3c.
This gives deviantART the ability to alter your work in whatever means is neccessary to display it.
3d.
This gives deviantART the ability to 'sublicense' someone else. This is important when deviantART advertises or has interviews where $spyed (for example) wants to pimp your stuff like he did here [link] on The Screen Savers. It also comes into play with our Pasties system.
3e.
This means that if your work is used in an interview like [link] you can't claim any right to the show.
3f.
This just gives deviantART the right to use your work in advertising, although judging by past behavior you'll probably be approached first to make certain your okay with that.
3g.
This just defines the term 'Artist Materials' as being anything which you submit to us and your biographical information (for use in interviews and advertisments and such).

4a/b/c. Name and Likeness
This simply states that deviantART can use your biographical information and likeness (if available) in promotions and advertising.
It also states that you, and anyone who is featured or named anywhere in your submissions, won't get angry about it.

5. Limitation Of Rights
Basicly everyone is always freaking out about how they believe that the Agreement allows deviantART to sell their work without permission. This clause states that deviantART has to notify you and must obtain your consent before your work goes into anyone else's hands for any commercial reason.

6. Payment
This states that if you submit something to deviantART, deviantART does not owe you any money just because you put something on the server.

7. Representations and Warranties
Basicly a-h state that you are legally able to enter this agreement, that you have the legal ability to submit the material which you upload, that your submissions won't violate someone else's rights or break any laws and they don't contain harmful or malicious code (like viruses).

8. Third Party Payments
This means if you need to buy materials (like stock photographs) for use in your submission you pay for them, not deviantART.

9. Indemnity
This essentially says that if your submissions or behavior bring a lawsuit (or something similar) against deviantART you agree to take the full responsibility and take whatever costs and penalties on yourself.

10. deviantART's Performance
This states if the site breaks or a server bursts into flame you can't complain or expect any refund (for subscription time for example).
It states that we can discontinue any third party arrangements at any time and that deviantART itself could dissappear and never return for whatever reason and without notice.
It also states that we are not responsible for what you submit here if it gets deleted, removed, lost, or corrupted and that you need to keep your own personal backup copies and that deviantART is not going to keep a close eye on your content for you.

11. No Warranty
This simply states that deviantART does not have to be available every second of every day and may experience downtime, that you are not guarenteed sales through your Prints and Shop items and that deviantART is not guaranteeing anything else (like lots of pageviews or instant popularity and such).
It also states that we aren't responsible for any viruses or other nastiness that somebody might sneak onto the site.

12. No Liability for Third Party Use
This essentially says that if some jerk steals your art, it's not deviantART's fault that it happened.

13. Exclusion of Damages
This is a standard "If Using It Hurts You Or Breaks Stuff It's Not Our Fault" disclaimer that you find plastered everywhere nowadays.

14. Copyright and Trademark Notices
Obvious.

15. Miscellaneous
15a Governing Law
This states that regardless of where in the world you are the Law of Los Angeles California is what applies, not your local laws.
15b Assignment
This states that deviantART may assign (or turn over) the Agreement, or parts of it, to somebody else- such as a representative or a buyer, etc. I assume the only thing that changes when this happens is that you'd be dealing with a different party instead of deviantART.
15c Notice.
This tells you where and how to mail stuff to deviantART.
15d Entire Agreement
This states that this Agreement overides and replaces all previous versions.
15e Modification
This states that deviantART can change this agreement and that it will notify you if and when it does this.
15f Survival
This means that certain parts of this agreement continue even after it gets terminated-
The Term (1) stays the same of course.

License 3e remains- this means if your work was used in an interview like this [link] you still can't claim any right to parts of the show.

Name & Likeness 4b remain in effect which means that you and those real people shown or named in your old submissions still can't get mad at having been on deviantART.

5. Limitation Of Rights stays in effect which means your work is still 'safe'.

6. Payment stays in effect which means deviantART still doesn't owe you money because you submitted to it.

7. Representations and Warranties stays in effect- that's all the stuff about your submissions having been legal and not breaking any laws and such.

8. Third Party Payments remains in effect which means your debts are still yours, not deviantART's.

10. deviantART's Performance remains which means deviantART is still not guaranteeing a bug-free and break-down free existance.

11. No Warranty sticks around which means deviantART still isn't guaranteeing anything.

12. No Liability for Third Party Use is still active so you still can't blame deviantART if somebody stole your stuff.

13. Exclusion of Damages survives so if you got hurt or broke your stuff while using deviantART you still can't blame the site.

14. Copyright and Trademark Notices is still around so all the stuff that was copyrighted or trademarked is still copyrighted or trademarked.

15. Miscellaneous doesn't go away either which is this stuff you just now finished reading (if you made it this far)





FEATURED ARTIST



  • Mood: Philosophical.

Devious Comments

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:iconi3lizzard:
Well, that sure helped. Thanks :thumbsup::nod:
:iconghouldaddy:
:worship: thank you finally....
:icondragonjewels:
You have now made my life here on dA SOOOOO much easier, and i can now dump all the previous "mumbo jumbo" crap outta my head :XD: I shall now BOOKMARK this journal for future reference, so my mind can stay at ease, well, until it's revised yet again, and someone like you simplifies it again ^^;

Hopefully, the agreement will stay in it's current state for a while now :lol:
:iconattila:
Well presented, formatted and it's easily printable/readable for anyone interested. Propulations. I think the point of the Submission Agreement is so that it exists to give an artist the option to agree or disagree with it. By agreeing, they're bound by it. By disagreeing, their recourse is not to submit. I guess what spurs a lot of uproar over this document in particular, is the notion people have that publicly disagreeing it will get it changed. Apparently, deviantART, Inc. is satisfied with what this Agreement affords them.

Would deviantART consider changing this Agreement again should someone offer further criticism of it?

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:attila: VINCE (°ATTILA)
:megaphone: DEVIANTART & I, YEAR 6.
:icondamphyr:
Short, simple, and very helpful. THank you. :aww:

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There's a crack in my soul that you thought was a smile.

:damphyr: Kay - damphyr :furious:
:damphyr: Copyright & Etiquette Administrator
:damphyr: deviantart.com
:iconwolfprincess33:
:wave: :thumbsup: thanks!

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:iconj4m3sb0nd:
Truly very well written, it explains everything clearly. Whenever people i am acquinted with complain about the submission agreement, i will certainly link them to this. ;)

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The future belies your preconceptions...
:iconcageybutterfly:
It allows for future technological advancements and new formats which we may want to use in the future.


:disbelief:* That is what I have a problem with.

deviantART took it upon itself to move MY work from my gallery~ & made it available on deviantMOBILE with neither *my* knowledge NOR *my* consent.

In effect~ the virtal equivalent of moving MY work from MY gallery showing I PAID FOR~ to it's own McDonalds franchise ( it was rilly, rilly excited about:wow: )down the street~ without so much as a *word* to *ME*.

Upon confrontation dA claimed my articulation of its own ACTIONS was paranoia. A ludicrous, entirely illogical stance it militantly defends to this day. dA never acknowledged it's mistake. dA never acknowledged it's *breech of trust*. dA certainly never apologized for the breech of trust & dA has not sought to rectify the matter in this, it's current Submission Agreement.

dA needs to understand where it crosses the line in regards to an ARTIST'S WORK.

That it does *not* is utterly exasperating to me. Inexcusable. Deplorable. Unforgivable....It makes the face of this current administration look ~ *retarded~* to me...:disbelief: Now, I have personally & *genuinely* cheered on Special Olympians~but I do not want them hosting my art work. :no:

It's mine. *I* decide to put it in my gallery...From there you do your job(s), keep the little servers running...& remind yourselves as many times as it takes; to keep. your. *H A N D S. O F F.* my. work.

WHY is that so difficult?...& HOW is it that you are "running" this community ~ and you aren't aware of that from the outset?

I don't care what techilogical advancements *YOU* may want to use in the furture. I don't care what :new: formats the Geek Squad is excited:excited: about.

I. Do. Not. Care.

I do not care for games, contests or :new: features I didn't ask for.

*I* care that it is SOLELY!!! MY decision where I put *MY* work. I care *VERY* *VERY* *MUCH*!...It is a point of contention I cannot bend on. I will not compromise for *any* reason... & no self-respecting artist/CREATOR would... Not *ever*.

This administration's existance relys to a *very* large extent on public perception.

From where I'm sitting~ you don't look so good.

& Btw~ dA Administration sacked it's *own* CREATOR...Who was also the *ONE* guy I would've trusted to be motivated to 1) understand what the public/CUSTOMER base wanted & 2) to CARE & do something about it...Without lying & launching spin campaigns.

:shrug: I just bought some SPACE, though...I didn't expect to admire the obviously heartfelt & trustworthy leadership of °jark/Scott Jarkoff.

On the otherhand~ I cannot for the LIFE of me fathom why ANYBODY~ would think it was acceptable to move *MY* work, making it available *anywhere* other than where *I* personally *placed* it.

Thanks for listening. I have *0* faith in you people being able to do anything~ let alone *doing it*...But thanks, for your time~ just the same.

:frustrated:

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SAVE THE ALIEN!:heart:[link]
:jarkinajar::nod::heart:


*CageyButterfly absolutely adores self-congratulatory people.
They're so easy to please...

[link]
:iconbananaprincess:
Good stuff, although this probably should have been posted earlier (though I think it has been explained before).

A summary like this should probably be posted with the actual submission agreement for people who don't understand the legalese or for those who want further clarification. Then for people who are really dense or adverse to reading, there could be brief, asinine examples offered; for example, a statement next to the summary for 3d could read, "$spyed can fanboy you in interviews." It wouldn't be very official, but it might calm the hysterical.

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:iconkamiawolf:
that clause has been in there all along, so if you agreed to it when you first submitted, i dont understand whats the big deal now... unless you didnt read the first time you submitted?

also... were you made when deviantart switched from version3 to version5? because thats a change in format also and so the clause is also needed here.

if you dont agree with the submission agreement, just dont submit any work and it doesnt apply to you. the rest of us think its fine, thats why we agree to it. Its really simple, agree and post or dont agree and move on elsewhere. Since your gallery is deleted now (i assume you did that :D) you dont have to worry about it being used on devmoble. You can go put your art on your own site and put all sorts of limitations on how people use it. :D

But the rest of use think the submission agreement is fine and we'd all appreciate it if you let us alone to do with our art how we will. if we want to put our trust in deviantart, thats our busness, not yours. Unless you think its up to you to tell people what they should and should not do with their art :D

(and before you say something about how it doesnt change the fact that you art *may* have been used on devmoble before you removed it, its in the past and you should just move on. :D getting all worked up just seems like a waste of energy when you could be doing something more productive, like making more art :D)

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