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Discussion Forum: Legal Question (We All Hate These)

NtRamen: Legal Question (We All Hate These) - Jun 28th 2009, 1:49PM Link | Report
Ok, something was brought to my attention in the past week about DeviantArt. This shocked me and I wanted to investigate this on SheezyArt. Now after reviewing the ToS, the Private Policy, the CoC, and the Submission Agreement, I found what I was looking for, but not a clear cut conclusion. So anyway, I have but one question about this. Can SheezyArt sell my art and claim it as their own?
Pandemoniumswings - Jul 31st 2009, 5:41AM Link | Report
NO, but like DA they could claim royalty for YOU using their site and materials to sell your art.
Michelle - Aug 4th 2009, 6:09PM Link | Report
I believe also that they reserve the right to use your art in advertising as well, but don't quote me on that.
m u Dlo Bst Er - Sep 5th 2009, 12:36AM Link | Report
quote:
Ok, something was brought to my attention in the past week about DeviantArt. This shocked me and I wanted to investigate this on SheezyArt. Now after reviewing the ToS, the Private Policy, the CoC, and the Submission Agreement, I found what I was looking for, but not a clear cut conclusion. So anyway, I have but one question about this. Can SheezyArt sell my art and claim it as their own?


You are probably referring to this line:

"I grant SheezyArt.com the non-exclusive right and license to, within this site, store, display, resize, transmit, advertise, and publish my Content, including, but not limited to articles, thumbnails, indices, and links. In connection with the Content, SheezyArt.com may use my name, and any likeness, voice, or biography that I have submitted to the site."

What that actually means is that you give SheezyArt the permission to host your images on their site. The web is a form of publication, and all those terms (store, display, resize...), refer to the process of delivering your images to a computer visiting the site, and some of the manipulation that may be involved in getting it there. And the bit about using your name, likeness, voice, bio, note that this is "in connection with the Content": i.e., your submitted art - in other words this is legalese for "Sheezy has permission to have my userpage and my artwork on their site."

Any site which publishes your work, whether on the web or on tangible materials has similar language in their terms and conditions.

So be assured that you remain sole copyright owner for everything you post here, assuming it was yours to start with. Sheezy cannot sell your art unless you specifically consent to such use.
randomdude90 - Sep 7th 2009, 5:43AM Link | Report
quote:
Ok, something was brought to my attention in the past week about DeviantArt. This shocked me and I wanted to investigate this on SheezyArt. Now after reviewing the ToS, the Private Policy, the CoC, and the Submission Agreement, I found what I was looking for, but not a clear cut conclusion. So anyway, I have but one question about this. Can SheezyArt sell my art and claim it as their own?


actually they could have the ability to, just as anyone else on the internet, but that would be breaking like 6 United States Laws, Probition Rights, and Copyright laws and claims, and it would count against them as copyright claims, which would cause sheezyart to be shut down by the governing commanding officers for the generaly area from which it started
FJGamer - Sep 20th 2009, 6:53PM Link | Report
quote:
actually they could have the ability to, just as anyone else on the internet, but that would be breaking like 6 United States Laws, Probition Rights, and Copyright laws and claims, and it would count against them as copyright claims, which would cause sheezyart to be shut down by the governing commanding officers for the generaly area from which it started


It could take a lot of time and effort to get a larger site, like deviantART, shut down for such claims. SheezyArt, on the other hand, probably couldn't avoid being shut down temporarily.
randomdude90 - Sep 20th 2009, 9:13PM Link | Report
quote:
It could take a lot of time and effort to get a larger site, like deviantART, shut down for such claims. SheezyArt, on the other hand, probably couldn't avoid being shut down temporarily.

but the government can automaticly shut down any site on the web instantly and somewhat permanently as well. depending on how bad the infraction is.
FJGamer - Sep 21st 2009, 5:38AM Link | Report
quote:
but the government can automaticly shut down any site on the web instantly and somewhat permanently as well. depending on how bad the infraction is.

They can only shut the site down if it is hosted in their country. Otherwise, they need to take the matter to higher (other) authorities.
randomdude90 - Sep 21st 2009, 8:58PM Link | Report
quote:
They can only shut the site down if it is hosted in their country. Otherwise, they need to take the matter to higher (other) authorities.


true
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