Submission Agreement

2 min read

Deviation Actions

spyed's avatar
The new submission agreement is up and available for all to read. It's really not very different from the old agreement, here's a copy that shows what we changed:…

What I literally asked the lawfirm to do was make clear our intention to make deviantART browseable on devices other than personal computers. Cell phones, iPod's, Playstations.. this sort of thing. They also took the opportunity to reinforce a few key elements of the agreement. Like, if you the artist submit a copyright violation, or if you submit an image which violates the privacy of another person you are responsible and not deviantART.

We run a legitimate art community here; and without a clean agreement that covers deviantART we could put the entire community in jeopardy. So we have to write rules for the worst possible scenario, not the best. Sometimes that can be misunderstood.

The most important thing about the agreement is that if you submit artwork to deviantART you are subject to that agreement. When you remove deviations from deviantART those deviations are no longer subject to the agreement. So the power is in your hands.

And if you question our intentions at all here; the proof is in the pudding. There isn't an artist who could point their finger at deviantART and legitimately say that we intentionally did them any harm.

At the end of the day you have to admit, as we'd be pretty stupid to screw over artists, wouldn't we?

Great things to come folks; for you, and us, together. We'll never put our relationship with you in jeopardy.

-- A
© 2005 - 2021 spyed
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bookdiva's avatar
Your lawfirm isn't the only lawfirm in town..
TwistedPear's avatar
Wouldn't it be better to put the explanations within the submission agreement itself, rather than having to explain them in newsposts instead? It seems to me that it would alleviate much of the confusion/hostility that seems to have sprun up over this...

Cheers :)
newepoch's avatar
May dA live forever!
theblackline's avatar
yay legality stuff .. yeah i came to DA because i wanted to share my art with the world... sorta.. adn well if it means giving someone the right to use my art however they want .. then by all means use me and what i make to your hearts desire... and i know even if we take a trip to Bizzaro world and i dont get credit.. someone in DA is prolly gona loose a limb for that .. when it is discvered and i will one day get my credit ... so YAY for doing things right...
INORIENT's avatar
I don't see why so many are complaining? We can come on here and post and enjoy art for free. Those that are complaining should then just go and buy their own domains and do their art there and make up their own rules as they see fit.

I realize that DA has to cover themselves legally and I don't blame them. Nowadays everyone wants to see for MONEY..or some tidious bs.

Keep up the Goodwork DA..:hug:
johnlong's avatar
right on.
that's fair.
- john
tin-can-man's avatar
Hmm, I am still slightly unsure, I have heard many things underground rumours and all sorts, I'm sort of neutral currently, but a bit jumpy.
I've heard from some friends all along how they hate devART, and they are all idiots, but since the day I joined I have maintained respect for all the staff and admins here.
=/ slightly faltered on reading the policy but I accepted.

Some parts of the policy seemed very weird indeed and others seemed extremely reassuring. I dont know what it is, but hearing something like this coming from a truthful(?) $ ranked person really seems quite comforting.

I'm sure you heard from lots of the panicky people that devART are 'trying to steal art for themselves' and such. I thought that this was a really dumb idea, and whoa have the admins really degraded that much?
Anyway, this has taken a few tons of weight off my mind.

All I can say is thanks for the consoling words.
and apologies for my accusative and paranoid(?) assumptions.

heh heh, i guess im kinda silly for a 17 year old? ^^;
PadmaPhala's avatar
I'm glad I don't delete any deviation and just wait for the time the agreement was edited, although I will read it just to be sure.
mamamoocz5's avatar
I have a question, if, let's say, I put a link in my member page on deviant art that leads to my artwork elsewhere, what then? Do the same agreements apply? I wouldn't be having my art on this website but on another that could have a stricter contract that favors me and doesn't create these "gray areas" that are causing so much trouble.
I have reason to believe that this contract isn't the safest kind, but Deviant really hasn't done anything to cause our distrust. I don't WANT to leave or delete my art because I like the feed backs, be they miniscule. The only thing is that I don't want to feel like I won't be protected enough. We all have questions and I hope this gets resolved because I don't want to leave or do anything else, but going back to the way it was won't happen either, now will it?
ssundell's avatar
I have a question, if, let's say, I put a link in my member page on deviant art that leads to my artwork elsewhere, what then? Do the same agreements apply?

No. The Artist Materials are defined as something you submit to dA, so the agreement won't pass any link boundaries.

Actually, I think it would be quite hard to create a legally-binding agreement that would make something like that possible. It certainly wouldn't be anything that could be agreed upon by clicking something online, especially considering that there's no real authentication.

We all have questions and I hope this gets resolved because I don't want to leave or do anything else

Same here. I don't have that much art online, but I enjoy the community.
anger..over this
Motje's avatar
I guess that a lot of people with english as a second language didn't understand the policy and didn't understand what it really says.
Some others just seem to miss the point or just want to make a fuss. I'm going to see if your journal will get some sense into some people.. Because a lot of people are packing their bags over nothing. And when I say a lot I mean about 100 of the 300 people I watch had a complaint about it in their journal. (and I even counted the ones that were going to leave, which were 72.. even then first I see them leave then I believe).

I hope this whole thing blows over/gets cleared up soon. I wish you a lot of luck in making this community grow and I hope it'll last long enough for my little kid sisters to make it up here too. Keep it up :)
TwistedPear's avatar
I guess that a lot of people with english as a second language didn't understand the policy and didn't understand what it really says.

I think a lot of the problems come from the fact that people who use english as a FIRST language aren't able to interperate it correcly :)
Motje's avatar
Also very true
kippixin's avatar
I know you've probably read a ton of comments already, but I just thought I'd link you to my journal: [link] I think this is a pretty cool idea from what I see, and I don't honestly see the big deal behind it.
darkphoenix's avatar
I feel that the biggest problem with the "raw" document you've linked to is that it clearly shows what was deleted (blue, strike-thru) but does not delineate what was inserted. It looks as though it should be underlined, but at around line 690 it has the following:


I saved it locally and changed it to:


and now it makes more sense...

RedBeanViolin's avatar
thanks, after reading the much contraversal journal of *redness (as you have too) I'm glad I looked down at the comments and arguments people where making, and I'm glad I found yours. I am not thrilled about the whole 'i can to whatever i want with your art' thing, but at the same time, I dont think that you would. And I would hope that if DA did redistripute mine, or anyone elses work they'd ask first. Are these hopes justified?

This journal entry was quite reasuring. Thanks.
aneley's avatar
I'm a senior year law student, who has been doing user agreements for a while and I have to say I'm not at all happy with this. Of course I have no intention on joining the hysterical bandwagon of those "I'M TAKING OFF MY ART AND NEVER COMING BACK" deviants, but still I will seriously rethink my position here.

First off the fact that you did this discretly without notifying us of the change does not fill me up with faith that this change is entirely benign.

Second, there is a big difference between what you say and the semantics of the user agreement itself. Or more precisely what the specific agreement text grants you. Just because you say you'll do less, doesn't change the fact that the agreement itself allows you to do more.

And now the biggest problem in the agreement:

"The right to sublicense to any third party any of the foregoing rights in the Artist Materials, or any part or element thereof, subject to the terms and conditions of this Agreement."

Please don't give me this bullcrap about how this is perfectly normal.

If I upload my art on DA it DOES NOT give you the right to give it away to or give ANY of the rights I gave you.
Because CAN give my art to and so on...
because you give them a sublicence to ANY of the foregoing rights.

Again, you may say that this will just be used for promotional or any other non exploitative purpose, but the agreement does not limit, or prevent you to do more.
And that's the problem, my dear, corporate friends...

You have a clever lawyer, although not a very subtle one...
There are more problems in this agreement, but I'll adress them on some other occasion.

PS Don't tell me to read the FAQ, the faq is not the user agreement it's just your subjective (the way you want us to see things) interpretation of it which does not have to be the same as the full legal interpretation.
hernameisrio's avatar
Aneley, thank you for being so concise. I needed some clarification and everything you said was both helpful and professional. You'll make an excellent lawyer. :)
Nemanja's avatar
I read it. I didnt like it. Not as if i'll ever make anything that would be interesting to corporate skunks ...
What more does an internet company need other than a near-infinite source of original, inspired artwork, designs, ideas? That is MONEY they are sitting on right now if this thing is ever to be implemented to its full potential. There is no such honesty in the world not to sink your hands in it. And if you claim there is, well, you're either an idiot or a very dishonest person yourself.

The sad part is... its going to fly...
Kasber's avatar
The faster this is sorted out, the better.
niimo's avatar
Do you realize how condescending you sound?
aneley's avatar
Hmmm... that's your perception and you're fully entitled to it.
niimo's avatar
And as you are a student of law, I am a student of people and human nature; and I perceived you to be condescending, just as you perceive the ua a certain way. Now, I would not be so foolish to think you would come up with these thoughts off the top of your head (and that you would take all credit for it), but that they are based off of your studies and experience. So it is likely you are not alone with your opinion. Just as it is likely I am not alone with mine.
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