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deviantART Summit Never Before Seen Footage

Journal Entry: Sun Oct 7, 2007, 5:30 PM
I am quite disappointed that the administration opted to censor my film based on the fact that it contained "copyrighted music," and offered no further clarification other than to point me to the FAQ entry that lists some URL's to online spots for music that is considered acceptable. What makes no sense about the explanation is that all published music is copyrighted. The following is the entire note that I received from the site administration:

"I had to remove your videos from the gallery this morning as they both contain copyrighted music and we can't allow that on the site. I really enjoyed both of them and would welcome you to repost them without sound or using a source we've listed in FAQ #852"


Notice the clearly worded "they both contain copyrighted music" statement that offers no clarification other than to say that copyrighted music is not allowed on the site? This makes absolutely no sense to me as, like I said, all published music is copyrighted.

Music from bands that are signed with the big labels, indie bands, bands that publish solely online, and whatever else, is all copyrighted. The only difference between these groups is that some are backed by the monolithic recording industry whereas the others are small bands with little, to no, money in their pockets. Regardless, they are all afforded the protections that copyright law offers, especially if they took the time to physically register their copyrights on paper and file with the copyright office.

I am not writing this out of some perverse desire to start any upheaval. Sometimes, writing about a situation is healing, and helps me better comprehend the situation itself. In this case, I am truly confused about this situation because the offered explanation makes absolutely no sense.

But I digress. I do not care any longer.

I have not posted here in over a year so it probably does not matter, but this is more than likely the straw that broke the proverbial camel's back. I will most certainly not post here again, which is sad if you really take a step back and think about it.

So anyhow, enough of that crap; just had to get that off my chest before I post the link to where the video is now located. I seriously hope that everyone does get a chance to check the deviantART Summit video out. Like I said before, the summit was a lot of fun, and finally turning the video in to a digital creation was a lot of fun as well.

deviantART Summit Never Before Seen Footage

Check out the deviantART Never Before Seen Footage over at YouTube: www.youtube.com/watch?v=NIZKO1…

If you would like to download the full, higher-than-YouTube-quality version then grab a copy of it from here while supplies last: jarkolicious.com/media/deviant…

Sports Day 2007, if you care to see my son Anthony running around the track at school during Undokai, then check it out here: jarkolicious.com/probes/2007/1…

Thanks to all. Enjoy!

:jarkinajar:

jarkolicious dot com
Add a Comment:
 
:iconotaking3582:
otaking3582 Featured By Owner Feb 15, 2012  Hobbyist General Artist
If people are just gonna complain about using copyrighted material, then why did they make it in the first place? If you don't want your material to get "stolen", then you might as well not release it to anyone but yourself
Reply
:iconkennyisdabest:
kennyisdabest Featured By Owner Aug 22, 2009
god its just a video calm down
Reply
:iconeternal-equinox:
Eternal-Equinox Featured By Owner Mar 27, 2009
And nothing of value was lost.
Reply
:iconbitterforever:
bitterforever Featured By Owner Mar 14, 2009
If i had known about your video, then you could have used some music of mine if any tune would have been proper for your video !
Reply
:iconspiritlobo:
Spiritlobo Featured By Owner Feb 3, 2009  Student Writer
...WHAT? They took down your video, but they turn around, and let all these little tracers go wild?!

.....WHAT?!?!?!?!

:shakefish: that really sucks. I'm so sorry :( :sadangel:
Reply
:iconfox-skyline:
Fox-Skyline Featured By Owner Jan 31, 2009
If DA is so worried about copyrights...what about fan art? They are copyrighted characters created by people, who own the rights to the likeness and intellectual properties of said character. But yet, fan art is allowed?

I mean, I'm a musician, and love to share the music I make, and its sad DA has no music section, in fear of being sued somehow. So I post it on a free to use site, and link it in my journal.

I mean other sites seem to get a long just fine with people using copyrighted music, like Newgrounds or Youtube.

Most companies, are ok with disclaimers stating in big bold letters "I DO NOT OWN OR TAKE CREDIT IN MAKING THIS SONG/VIDEO/CHARACTER! ALL RIGHTS COPYRIGHTED -insert company here-" and as long as your not making money off of it, some are pretty cool with the use, because to them, it helps promote their clientele. I've bought many albums of some bands after hearing a song in a video I watched.
Reply
:iconspiritlobo:
Spiritlobo Featured By Owner Mar 8, 2009  Student Writer
So, everyone who does fan art is a thief?
Reply
:iconfox-skyline:
Fox-Skyline Featured By Owner Mar 8, 2009
You missed my point entirety. I was saying, since DA doesn't like people using music, which is copyrighted, even though they are not making money off it, people will sell fan art of copyrighted characters as prints on Da, but that's ok.
Reply
:iconquantumfox:
QuantumFox Featured By Owner Dec 9, 2011
Fan art is acceptable mostly due to the fact because the art is literally yours. It's your work, done under the style of another. So it slips into that Creative Commons agreement of derivative works. Using a music clip in your flash isn't however. It's entirely someone else's work, and is not a derivative. If you remixed it, it would be a derivative of the work. That would be acceptable.
Reply
:iconspiritlobo:
Spiritlobo Featured By Owner Mar 8, 2009  Student Writer
Oh! That makes more sense! Sorry, I really shouldn't reply when sick ^^;
Thanks for clearing it up for me. And not sounding like a jerk while you at it. No kidding, I've had people yell at me for hours when I've just asked a question about their comment, and you've done it very nicely :) :thanks:
Reply
:iconfox-skyline:
Fox-Skyline Featured By Owner Mar 8, 2009
Hey no problem, I've been there myself. I just...ya know, find it ironic. Can't use music for a flash or what not, but its a ok to sell pictures of characters like Sonic the Hedgehog or Naruto on them.
Reply
:iconspiritlobo:
Spiritlobo Featured By Owner Mar 9, 2009  Student Writer
I see what you mean. It's pretty sad :disbelief:
Reply
:iconfox-skyline:
Fox-Skyline Featured By Owner Mar 10, 2009
Indeed.
Reply
:iconfineshit:
FineShit Featured By Owner Jan 17, 2009
I guess they expect us to make our own music in windows WAV recorder? :lol:

Not all artists here have resources like friends that make music or music making programs. And most artists I know that can at least draw, don't know the slightest about music.

If they're going to pull this on the community, I hope they're at least giving out links to things like audacity and deviants that are willing to make up music for film artists.
Reply
:iconseyan:
Seyan Featured By Owner Jan 24, 2009
Heh...
Reply
:iconwanderlustartist:
wanderlustartist Featured By Owner Oct 31, 2008
you are one of the DA Gods, how dare they?

I remember when I first joined DA back in 2001, under a diff name, you, and the other gods had a comic going where a bunch of DA Avatars went in search of someone's dog. And if you one an annual contest you could be a part of the comic.

Whatever happened to that and is it still on here somewhere?
Reply
:iconwramirezoide:
WRAMIREZOIDE Featured By Owner Oct 17, 2008  Professional Artist
Hell, I put copyrighted music in my flash movies all the time. Well, when I still made flash movies, I did. You don't see anyone complaining about people using The 1812 Overture, or Sabredance, or Chocolate Rain, but you even go on TV and sing the Happy Birthday song, and you pay a mamillion dollars in royalties. As long as credit is given you shouldn't be given the death sentance. Otherwise you should, though.
Reply
:iconthescholarsofretardo:
TheScholarsOfRetardo Featured By Owner Sep 12, 2008   Writer
heres some solutions
ask someone to make the music for you
use the FREE music that can be used by anyone
or make your own music

everyone else has to do these things so why not you? :aww:
Reply
:iconninbunnyachemist:
ninbunnyachemist Featured By Owner Aug 29, 2008
i know that happened to me to but with some pictures ><
*Sigh*
Reply
:iconninbunnyachemist:
ninbunnyachemist Featured By Owner Aug 29, 2008
i know that happened to me to but with some pictures ><
*Sigh&
Reply
:iconvanillaknight:
VanillaKnight Featured By Owner Aug 20, 2008
CALL THE WAHMBULANCE, IT'S AN EMOGENCY!
:iconwahmbulanceplz:
Reply
:iconrabbitwho:
RabbitWho Featured By Owner Aug 10, 2008
You're right, there should be some kind of consistency, either ban all music without expressed permission from the writer ( on account of the law ) or acknowledge equal right of all musicians, whether they have the money to sue you or not.

On the bright side it's really easy to get permission from any band for anything that's not making you money, how easy it is depends on how easy it is to get in contact the band and how much of the rights to their music they still own.
So Moby... doesn't own the rights to much of his music because it includes sound bites of things recorded by someone else (usually things with expired copyrights that he didn't have to credit and didn't credit because he is either evil or stupid) so you could just use the original sounds without the keyboard bits he wrote.
The recording company probably own the distribution rights to the keyboard sounds and not the Moby himself, I'm just guessing though, you know all this yourself I'm sure.
Reply
:iconnaturesounds:
naturesounds Featured By Owner Jun 14, 2008  Hobbyist Photographer
:icongwahplz: OH ME GOSH A CO-FOUNDER!
Reply
:iconajuk:
ajuk Featured By Owner Jun 12, 2008
If I remember right Moby said people can use his music in armature film for free.
Reply
:iconspazy-lizard:
Spazy-Lizard Featured By Owner Jun 9, 2008
:iconweegee1::iconweegee2:
:iconweegee3::iconweegee4:
:iconweegee5::iconweegee6:
:iconweegee7::iconweegee8:
:iconweegee9::iconweegee10:
Reply
:icondeath-by-romance:
Death-By-Romance Featured By Owner Jun 4, 2008  Hobbyist General Artist
I may be incorrect, but I believe that if the music is actually yours (as in you bought it somehow or another) that you can use it in any context you want as long as you are not using it to make a profit. I think itunes actually allows you to make 2 or 3 cds with each song you buy. They allow you to share the music between five computers. If you are in the vacinity of other computers with laptops running itunes you can listen to their entire library. It's called sharing for a reason. If you want to fight it you probably could quite easily.-Steven
Reply
:iconsnazzy5438:
snazzy5438 Featured By Owner May 28, 2008
lol, did you know the traditional birthday song, "Happy Birthday" is copyrighted?
Reply
:icon-freak-:
-freak- Featured By Owner May 14, 2008
I know this is old news, but seeing this journal entry stirs things up, even for those of us who were on the fringe of the periphery.

Regardless of how much time has passed, or how many explanations have been given by those involved, what Spyed did to Jark is still the worst example of betrayal of trust I can imagine between business partners. It is utterly and totally Inexcusable.
Reply
:iconrustedstrings:
RustedStrings Featured By Owner May 12, 2008  Professional Photographer
great video

its really sad that you got a response like that, considering you are one of the founders. Some of these admins need to be tought the rules before they enforce them.
Reply
:iconbigvallysgirl:
bigvallysgirl Featured By Owner Mar 9, 2008  Professional Interface Designer
Wow if the founders have problems what can the rest of us complain about? I don't know how things used to function but I really like it on deviant. The yet uncovered potential for this site is amazing. I hope the art doesn't get lost in the bureaucracy.
Reply
:icondjwysocki:
djwysocki Featured By Owner Mar 5, 2008   Photographer
Sometimes people are just a bunch of butts.
Reply
:icondeathboi:
deathboi Featured By Owner Mar 5, 2008
this place started out as a nice place but its slowly starting to suck well even more now....
Reply
:iconthe-maverickk:
the-maverickk Featured By Owner Feb 29, 2008
I've always thought that in general as far as most copyrights go, you can use music in media so long as your not making any money off of it?

Like on Youtube someone can make a video and put music to it... and well they aren't making money off of the music. No one is purchasing the music. Not to mention especially if the person gives credit to the original musician/band who produced the music.

I mean lets face it as artists here on dA, there are 100's... no I mean THOUSANDS of pieces of fan art. They all use characters which are owned by other big legal corporations. Even if the artist is creating their own interpretation, it doesn't really negate that it isn't their own character.

Also then comes in the debate of the context in which something is used... I mean when you take video and mix it with music or sound or something, your ultimately creating something thats different as a whole, even if a portion is taken from somewhere else.

It's like as if I copy Andy Warhols banana and pasted it in the hand of the Mona Lisa... it's something original in the end. Like where is the line drawn... especially when a considerable amount of stuff is out there.
Reply
:iconselfassault:
Selfassault Featured By Owner Aug 23, 2008  Hobbyist Photographer
:-) It's an interesting idea but, in my modest opinion that thing of "pasting" Warhol's "banana" in Mona Lisa's hand won't fit at all with all those DA's policies about porn ;P :lmao:
Reply
:iconkei-tamada:
Kei-Tamada Featured By Owner Feb 18, 2008
Thing is that you'll have to have the copyright owners consent in order to utilize it. And I assume no was provided, thus, deleted by the mod.

(I'm aware that the journal's pretty old)
Reply
:iconnde:
NDE Featured By Owner Feb 2, 2008
People are blowing this way out of proportion, so what if somethings copyrighted. It's not like someones going to play your video over and over again just to listen to the song. Who knows, someone might like it and go buy their album, some might download it.
Reply
:iconkazaki03:
kazaki03 Featured By Owner Jan 30, 2008  Hobbyist Traditional Artist
But you know, I had the same fate as you did....My YouTube account got deleted recently....
I just hope that next time, they will delete the video INSTEAD of the whole account.....
Reply
:iconkazaki03:
kazaki03 Featured By Owner Jan 30, 2008  Hobbyist Traditional Artist
I....I never read this before... *in great shock*
I....I hope that....this thing will settle down...because dA is a community of happiness.......
I.....
Reply
:iconjunkster78:
junkster78 Featured By Owner Jan 20, 2008  Hobbyist Photographer
Ahhh... good times man. Was nice meeting you there too. =]

=kilgore-trout makes an appearance in there when the joke about $spyed selling swampland; he crosses in front of the camera.

I can't find the footage of the original stuff for the Summit. Any way to grab that?

Btw, the only appearance I make in the film are two of my old images on the big rolling printers. That was fun, hehe.
Reply
:iconnunwhorecommando:
nunwhorecommando Featured By Owner Jan 10, 2008
LOL! i was screaming about my issues with this site! oh man.

My respect to you Jark.

Thanks
Reply
:iconconfused-equine:
confused-equine Featured By Owner Jan 9, 2008  Hobbyist Photographer
I don't necessarily disagree with you - but how should using published music differ from using a copyrighted photograph?
Reply
:iconconfused-equine:
confused-equine Featured By Owner Jan 9, 2008  Hobbyist Photographer
Aaaand this journal is nearly three months old; this is probably hardly relevant anymore. ;p
Reply
:iconlemontea:
lemontea Featured By Owner Jan 8, 2008
I've been trying to get $spyed to sign my tit for ages. Perhaps one day...

I tried to attend the summit but I was unfortunately very young and very broke. Now I'm just broke...
Reply
:icon5milli:
5MILLI Featured By Owner Jan 8, 2008
I've been having this problem too. Not with Video. But with DAdministrators either not answering questions, locking forums and overall just being flat out rude without any clarification, just a reference to a lame FAQ#.... I'm so sick of those FAQ#'s I should be hospitalized. It sucks.
Reply
:iconcypherxaint:
cypherxaint Featured By Owner Jan 29, 2008  Hobbyist Photographer
faq's are there for a reason, the admins tend to be pretty damn busy... image running a country of 2 million people with a team of like 30 people?
Reply
:icon5milli:
5MILLI Featured By Owner Jan 29, 2008
It doesn't explain the rudeness.
Reply
:iconcypherxaint:
cypherxaint Featured By Owner Jan 29, 2008  Hobbyist Photographer
ok, tell me, whats the username of the staff member who was rude to you?
Reply
:icon5milli:
5MILLI Featured By Owner Jan 29, 2008
There has been a number of instances. I think it basically comes down to the tone & cockiness of the administrative reply's. Not from all. But a lot of times you ask a question from who should be the subject matter expert and the reply is, "Ask the help desk "FAQ #23..", Not, "Hmmm, I don't know the answer try the help desk FAQ#..., sorry". Just a little courtesy. Or they may be told not to do that. Then there are the Forum admin... Wow... Power trip city. What's wrong with..."I'm sorry but this topic isn't properly suited for this Forum, unfortunately I'm going to have to lock it", instead of, "This doesn't have anything to do with the forum, LOCK!". No explanation, Which you'll probably tell me they're not required to give, or apology for having to have to be the one to lock it, which I feel like is just an administrative courtesy. If you ask me I think I usually get the rudeness or extreme lack of politeness comes from the young 18,19,20 yr old admin. that have no experience in customer service and feel like they are the high and might jocks of DA, my opinion. They work for free though, I heard, so what do you expect for free. I'm just saying the way some of your administrators respond to different situations would not fly in a more face, to face or over the phone type of environment.

My opinion.
Reply
:iconcypherxaint:
cypherxaint Featured By Owner Jan 30, 2008  Hobbyist Photographer
hm, for starters... i don't think any of the admins had administrative courtesy training, they are pretty much the avarage student or working man/woman, also, like i already said, they are extremely busy, they can't afford to write long explanations or think about how they should put it, which way will sound the most polite... they just have a standardized answer.

also, i must say that the admins have moods, like i said, they are pretty normal people and i actually think it makes them more human, but thats just my opinion.

furthermore, i never ran into a rude admin, other then a grumpy ghouldaddy in #photographers sometimes ;P the helpdesk staff has always been very polite to me. and yes, it does help a lot if you are polite to them, they really appreciate fancy english sentences and professional attitude.
Reply
:icon5milli:
5MILLI Featured By Owner Jan 30, 2008
I suppose we should just agree to disagree. :)
Reply
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