Crush...Yiff...Destroy!

Anonymous · Posted: 8/6/2003 10:46:36 AM Post subject: attention to all deviantart members

I got this e-mail of my best friend, I'm warning everyone I know from bookie-chan to zerog

Warning to DA; I got copyright and saved artwork of my creation, One CREATION I see on those T-shirts and your sued!

I got an e-mail of my dearest friend Ayelet, who warned me

I give the links so you can see for yourself, appearently, DA sells our artwork on T-shirst without our permissions! Can you believe it?
Though if the links don't work, I coppied and pasted it aswell

http://www.livejournal.com/users/hyz/202371.html

stemming: enraged
muziek: thunderstorm

Calling all furry artists...
I'm enraged. Extremely enraged.
Mom and I went to the grocery store today, and I saw something weird. There was a very tall, blonde-haired girl with a black t-shirt on. On the tshirt was one of Push Tyber's pictures. Since I know Push lives in NYC, I wondered if it was her. I walked to the girl and said hi, she looked at me funny. Conversation goes as follows.
Me: Um... hi. / Girl: Hello. / Me: Uh... Are you known as Push Tyber? / Girl: ... / Me: Ok, I guess not. I'm sorry. / Girl: UM, OKAY. / Me: Where did you get that tshirt? / Girl: At a store down the road. All Mixed Up. / Me: Okay...

So I go to tell my mom, and after we're done, we stop at the store. I go inside and I see. The most horrific sight of my life.
Art. EVERYONE'S ART. I go to the counter and ask the girl to get me the manager. By that time, I'm pissed off. I KNOW none of the artists have given permission.
Manager: Hi, how can I help you?
Me: May I see the permission you've gotten to use the artwork of those artists on tshirts?
Manager: Excuse me?
Me: A bunch of the tshirt designs you have were made by artists... are they receiving compensation for those?
Manager: These tshirts are being screened here. The artists work here.
Me: That's a bunch of bullshit. I happen to know some of the artists work you're using.
Manager: Give me proof.
Me: I'll be back tomorrow.

So I need everyone's help here. The following artists had TSHIRTS displayed of their work. I need you to give me your gallery address and emails. If you know someone who wont see this because they aren't my friend or on my friend's list, please pass this along.
Push Tyber
Heather Reedy
Megan Giles
Ashe Root
Hilary Penna
Lyx Deluxe
Lee*Lee
Gene Catlow
Anya Schwartz
13:11
Kyot
Maui (Ji-suk Cho)
XianJaguar
Kazera
Those are just the people I recognized. There was at least one or two others whose art I'd never be able to recognize. ;__;

Edit: Holy fuck... thankyou everyone for responding, this is going to be a HUGE help. I'll be printing the comments page out, as well as saving a shitload of stuff so I can prove to them that those artists DON'T WORK THERE. But um, so everyone knows, the one that has the web page and address and everything listed is NOT the place I was at. I know that place way too well (not for the smoking shit, either.), and they don't do that crap.

Edit2: GREAT. I'M FUCKING SORRY. I just spoke to my BROTHER and he told me that I have the god damned store names MIXED UP (hah, irony.) He was just out driving, and he passed by the store I told him, and he called me and yelled at me that it wasn't All Mixed Up, that it was an associate OF All Mixed Up, and that's what their sign said.
BEING THE FUCKING GENIOUS HE IS, HE DIDN'T TELL ME THE STORE NAME. and he's still out driving.

Edit3: PLEASE GO READ THIS. k?

The comments on this entry have been disabled. Please refer to this right here to find out why.
Also, if you have any mention of this posted somewhere, please edit it, and refer to the link above. There's no use in confusing people.

http://www.livejournal.com/users/gingitsune/92851.html

Art :: Wholesale Artwhore
Edit: Closed for commenting since none of you apparently bother to read them anyway. Quick, I think I hear the sounds of some more mass hysteria happening over the hill, off you go, little mob.

This has been going around in the last few hours; people finding their art for sale on T-Shirts in a shop in NYC. Everyone's sutiably outraged about it, but what I'm wondering is whether or not these people -- most of whom have their work at dA -- are aware that they actually don't own the exclusive rights to their work anymore. Anything uploaded at dA becomes the moneymaking property of, well, dA. It's quite possible that dA has onsold work to this third party; they've done it before (alternatley, the shop owners may just be dicks). A few months ago my boyfriend found a bunch of computer dust covers advertised as having 'deviantART artwork' on them. dA can basically onsell as much of your stuff as they want, and you can't get stroppy at them. For those of you who don't believe me (sorry about the legalese, but bear with it a moment);

In the event that we have sublicensed your materials to another website, it is your responsibility to have your materials removed from that website and you will not hold us responsible or liable if the other website refuses to remove your 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) and/or third-party websites); (c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size); and (d) the right to sublicense to any third party the Artist Materials or any part or element thereof subject to the terms and conditions of this Agreement. [...> Artist hereby grants to deviantART (i) a worldwide, royalty-free, non-exclusive license to use during the Term Artist's name(s), group name, photograph and/or likeness(es) and biographical materials [...> Artist also agrees not to assert any privacy, publicity, moral or similar rights held by Artist (and any other person(s) whose performances are embodied in the Artist Materials) under the laws of the United States and any other country in connection with the exploitation of such materials.
-- dA policy

What does this mean? My law is a leetle rusty, but basically I think it means dA has the same legal rights over your artwork as you do (ie. they can onsell it, put it on a t-shirt, use it with impunity, and so forth).

Incidentally, while I'm at it, most free web hosts -- including places like Geocities -- have similar, or oftentimes worse agreements. It's very hard to display art on the web while still retaining full and exclusive ownership and control of it.

Just something for you all to get even more paranoid over.

Malice Mizer, "Illuminati"
[cloned from voidstar>

- carrie phox

Please ALL READ THIS!

Anonymous · Posted: 8/6/2003 3:57:35 PM Post subject:

After reading the legalese over several times, I must conclude that the terms of agreement do NOT include allowing DeviantART to sell any of the Artist's work, or even to grant a third party the right to use it in any way OTHER than electronic/digital.

Reproducing the work in CD or T-shirt format shifts from electronic/digital to physical copy, which is not covered in DeviantART's terms of agreement.

What the terms clearly allow is simply that DeviantART can send the work around the Internet, unchanged (except for size changes, which is specified using the term e.g.). The terms also allow information and images of the Artist themselves to be sent around via the Internet. Although section "d)" specifies that DeviantART may sublicense the Artist's materials to a third party, it also specifies that it can only do so "subject to" the terms of the agreement itself --- which are limited to electronic/digital media.

DeviantART's rights, under the terms of agreement, are essentially limited to sublicensing art to be shown on other websites. Furthermore, DeviantART acknowledges that it is the Artist's "responsibility" to have their material removed from a third-party website --- a good call, since nothing in the terms binds the Artist legally to any of DeviantART's sublicensing deals. Just as a person can remove their art from DeviantART, they can demand it be removed from a third-party site. Sublicensing agreements, in legal terms, are directly subject to the original licensing terms they derive from.

Anonymous · Posted: 8/6/2003 4:30:35 PM Post subject:

I've since gone over the full legal text at the DeviantART site.

Not only is there no permission granted to a third party to use material gleaned via DeviantART in any physical format, but the agreement specifies in part (sorry for the all-caps, that's how it shows up on DA):

"(c) ...THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR ARTIST MATERIALS FROM DEVIANTART (WHETHER OR NOT WITH DEVIANTART'S PERMISSION), AND USES THOSE MATERIALS FOR COMMERCIAL GAIN OR IN SOME OTHER WAY THAT YOU DO NOT APPROVE YOU WILL SEEK REDRESS FROM THE OTHER PERSON AND NOT FROM DEVIANTART, AND THAT YOU WILL NOT HOLD US RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE."

Note the final phrase, wherein DA acknowledges that non-approved or commercial use of an Artist's property constitutes "unauthorized use".

So that's it in a nutshell. DA can spread your stuff all over the web, and enter into licensing agreements by which it can be so distributed, but the T-shirt deal the original guy was griping about is flat-out illegal.

Computolio · Posted: 8/7/2003 5:03:29 PM Post subject:

Lots of DRAMA here, but this is a forum ABOUT furries, not FOR them. If you want to talk about STICKY PAWS AND SOUL STEALING please do it somewhere else.