I was about to start uploading artwork to DA. I decided to read the terms and aggreement. They basically have the right to use your stuff in books etc without you getting paid. Even after you terminate the agreement if they have backups or cache of your work they can still use it..... I copied the important parts so you can also read.As much as I used to love DA I think its time people find a new site that doesn't use people.
3. License To Use Artist Materials. As and when Artist
Materials are uploaded to the deviantART Site(s), Artist grants to
deviantART a worldwide, royalty-free, non-exclusive license to do
the following things during the Term:
3. b. to display, copy, reproduce, exhibit, publicly perform,
broadcast, rebroadcast, transmit, retransmit, distribute through
any electronic means (including analog and digital) or other
means, and electronically or otherwise publish any or all of the
Artist Materials, including any part of them, and to include them in
compilations for publication, by any and all means and media now
known or not yet known or invented ;
3.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
3.d. the right to sublicense to any other person or company any
of the licensed rights in the Artist Materials, or any part of them,
subject to the terms and conditions of this Agreement.
3.e. Artist acknowledges that Artist will not have any right, title,
or interest in any other materials with which Artist Materials may
be combined or into which all or any portion of Artist Materials may
be incorporated.
3.g. As used in this Agreement, the term "Artist Materials"
means any content uploaded to the deviantART Site(s) which may
include without limitation Artist's name(s) (including professional
names), trademarks, trade names, likenesses, photographs,
biographical materials, audio-visual materials, artwork, liner notes,
and other graphical, textual, video, film or audio materials and any
and all "skins," computer-generated images or other artwork or
images that Artist submits to deviantART in any medium or format
whatsoever.
4. 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
worldwide, royalty-free, non-exclusive license to use them in
connection with the distribution, exploitation, promotion, marketing
and advertising of the Artist Materials, as described in this
Agreement, during the Term.
5. Limitation Of Rights The rights and licenses granted to
deviantART under sections 3 and 4 of this Agreement require
deviantART to obtain Artist consent before deviantART makes any
commercial agreement with anyone else to separately buy,
license, re-sell or re-publish or commercially use any Artist
Materials not in association with deviantART but as an individual
work of art or as a group of works from a single Artist in isolation
from any other works. No additional consent is required for any
other licensed uses under this Agreement of Artist Materials either
as part of the deviantART Site(s) or in connection with the
distribution of content groups from the deviantART Site(s) and/or
for uses of the Artist Materials made at the discretion of a visitor to
the deviantART Site(s) or other users under agreements with
deviantART. deviantART will contact Artist in writing about any
individual commercial uses of Artist Materials instigated by
deviantART.
6. Payment Unless otherwise agreed between Artist and
deviantART in a writing from deviantART, the license granted to
deviantART under this Agreement is royalty-free.
9. Indemnity. Artist agrees to defend, indemnify, reimburse and
hold deviantART and its parent, subsidiary and affiliated entities,
and its and their members, managers, officers, directors,
representatives, employees, agents, successors, designees,
licensees, sublicensees and assigns harmless from and against
any and all liability, loss, damages, judgments, costs and
expenses (including reasonable attorney's fees, costs and
expenses and court costs) arising out of or related to:
9.a. Artist's use of the deviantART Site(s);
9.b. any breach or alleged breach of Artist's representations and
warranties and/or any breach, alleged breach or violation of the
notices, terms and conditions of this Agreement; and
9.c. Artist's violation or alleged or threatened violation of any
rights of a third party, including, without limitation, any trademark,
copyright, patent, trade secret, right of privacy or publicity or moral
rights of any third party, arising from the submission and/or use of
Artist Materials as provided in this Agreement
15.f) Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7, 8,
10, 11, 12, 13, 14 and 15 shall survive any termination of this
Agreement. In addition, any sublicenses granted to third parties for
the display of Artist Materials on electronic or other devices
pursuant to Section 3 shall survive any termination of this
Agreement for such reasonable time as may be necessary to
withdraw Artist Materials from the particular license; any use of
Artist Materials pursuant to Section 3 with respect to the making
of so-called backup copies or caching of deviantART Sites or any
equivalent activity or function for general site maintenance and
protection shall survive any termination of this Agreement; and,
Artist Materials consisting of comments posted to deviantART will
remain as part of the deviantART database and available to all
users of deviantART Sites following termination of this Agreement.
I love your art!
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I am a creator of unreality made real.
Check out my music here--->[link]