dA is Not Selling Your Works to Third Party

4 min read

Deviation Actions

phoenixleo's avatar
By phoenixleo

dA is Not Selling Your Works to Third Party Royalty Free

Hot Topic selling artist's works without permission



A Tumblr post has been circulating, where Hot Topic is selling artist's works as T-shirts in their store, including popular fan art without the artist's permission, deviant artists included. It caught on wildfire when one user linked to deviantART's Submission Policy, stating users gave permission to dA by agreeing to their Terms of Service thereby allowing dA to sell it to third party royalty free.

dA Tumblr by phoenixleo




This is false and inaccurate!



deviantART's Response:



"We appreciate the rallying of the community around the rights of this artist. Rights and ownership of artwork are an important cause which we do not take lightly. To clarify:

DeviantART does not retain any ownership nor right to ownership of any artwork posted to deviantART. The point of question in our Submission Policy is one which gives us the right to present the artwork you submit to deviantART on deviantART. As stated in our Submission Policy, “Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to deviantART under this Agreement.” Thus, artwork posted to deviantART may be used in promotional material for deviantART (with all due credit for the work included), but never for non-deviantART commercial purposes, and never without express recognition of the original artist. The artist also always retains the right to remove the work from deviantART at any time, if they so choose.

By the same token, because we do not retain any ownership of artwork submitted to deviantART, we cannot license it to others either (be it individual or company) without the express permission and written agreement of the artist. From section 5 of our Submission Policy: “deviantART will contact Artist in writing about any individual commercial uses of Artist Materials instigated by deviantART.” If deviantART had been involved with this situation in any way, the artist would have been contacted in writing long prior to any commercial use of the artwork. 

We assure you that we had no involvement of any kind in this incident. Again, we appreciate the passion with which the art community has come together regarding these circumstances, but as with all things, we’re always on the side of the artist."




Given the nature of this post, I feel it’s necessary to post the right information in here as well, considering seeing the notes and comments that users are posting without checking anything, or falsely misrepresenting the policies. Always clarify it from authentic sources or contact them (They don’t bite!). Have a pleasant browsing and interaction and apologies for the interruption!

You can always contact dA to get the info, such as these:

Contact deviantART Help Desk

deviantart Tumblr.

deviantART Terms of Service

Does deviantART own my art?


Please do spread the right news by re-blogging deviantART's response of the correct interpretation of the policy and this as well so users can see it here as well rather than the out of context one or any that you may find.




Edit:: Here's the artist's explanation. It's officially licensed.
For this time!

Published:
© 2014 - 2021 phoenixleo
Comments545
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Flash-Flyer-Sakura's avatar
(Latias caught this one for me.)

Don't give her any problems, k?

197?
Monseo's avatar
TanteTabata's avatar
Inspirelirium's avatar
I can't believe how often this has to be brought up. Like every year it's like 20 to 30 people who panic. 

From what Understood from the clause being mentioned
"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:"
"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."

like you mentioned to share it on third party. But what I find funny is that a lot of social media sites have the same freaking clause. 

Why does NO ONE read the terms until THIS thing pops up and ONLY sites that part?

We are giving permission to dA to showcase our work and allow them to put the sharing buttons on the pages to share the artwork. DA does NOT OWN our images. WE ARE THE COPYRIGHT HOLDERS OF OUR OWN ARTWORK. 
phoenixleo's avatar

Heh, yep. Every once in a while every year, it pops up.

Nemuharu's avatar
Does this mean other social medias can use Deviantart artist’s works as long as it’s not for profit? I’ve been wondering and confused since Instagram now has this GIF feature for instagram stories, and you can find MANY pixels and animations etc by artists on this website. Heck I even found something I commissioned.
phoenixleo's avatar
Other social media sites don't themselves upload or use works and it's more of the users present in those sites that do it. From a general look, Instagram seems to be using GIPHY, the same thing that Facebook uses, and users can upload items there, the same way users can upload content on Tumblr, Twitter, etc. There are real content creators on GIPHY who create their own gifs as well as regular other people/users who use it similar to say, Photobucket (ironically, people also use DA as Photobucket which is why this site also has a lot of misplaced, unrelated stuff in its categories). Also, it's not uncommon for users to upload their work in various platforms and it's very plausible that certain places like Giphy or other multiple platforms will give more usage/popularity to gifs than say only DA site.
Also, GIPHY also has a submission policy and the like similar to DA and anyone (creator) who wishes to get their content removed can contact them directly and followup through with their process.
DeadHedgehog's avatar
Then how come you have this in your contract:
"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:"
"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."

Soruce: about.deviantart.com/policy/su…

While the user still remains the rights, DeviantArt is also granted the granted the reights to resell or redistribute your artwork.
Not only that but they can sell the license to any person or company they want to.
Liceneses are not a signular thing tied to one person, if you grant somebody a license to use your artwork how they see fit and also grant the the right to resell that license,
everyone who holds that license will be able to do this.
The artists still holds the copyright meaning that they can take legal actions against anyone who doesn't own a license to redistribute or sell their artwork (but still do),
but it wont allow them to take legal actions against license owners unless they violate the license's terms of agreement.
phoenixleo's avatar
It doesn't grant DeviantArt the right to sell your artwork. The keyword here is sell. That part is there for a reason and has been addressed previously. That part of the contract allows the third party - person or a company - showcase your works. Third party in this case could be  RSS feeds, other blogging services, social media features/sites (Facebook, Tumblr, Twitter, etc), your browser (Firefox, Safari, Chrome, etc), hardwares (your computer, laptop, iphone, iPad, tablets, other cell phones, sites, and whatever new stuff it is in the future. This is basically you allowing DA the yes signal that they can allow those third parties the permission to showcase your work. Otherwise, you won't be able to use the internet and any of those sites and to access any content on DA (or any other sites) and no way for works to be shared or promoted or advertised or whatever.
Flash-Flyer-Sakura's avatar
(Latias also caught this one for me.)

Don't give her any problems, k?

198?
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