THIS INFORMATION IS FALSE. FALSE. FALSE.
Check the reblog chains for the real story.
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. Artist is free to grant similar rights to others during and after the Term of this Agreement.
Translation: You own your art. The copyright is not transferred from the original owner.
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:
Translation: When you upload your art to DeviantArt you give them permission (without charging them for said permission) to do the following:
a) to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented;
b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ;
Translation: You give DA permission to store your artwork on their servers and to load them to their services in whatever electronic or analog means necessary for the purpose of sharing the artwork through their service/website, and this permission covers technology not-yet-invanted, so if we’re all browsing DeviantArt with 3-D fully immersive goggles or some shit next year, they have permission to show people your art through that too.
You give them permission to not only store your artwork on their servers but to actually process it and show it through their service using any means of technology that their service uses.
They can probably use your artwork in ads for DevArt too, which is handy for you if you’re selling prints etc through the site.
c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and
Translation: You also give them permission to resize and crop your art for thumbnails and other such things. If you have a shop through DevArt, this is where the permission to alter the pieces to fit the products you pick comes in.
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.
Translation: ‘Ah-hah! This one’s totally about selling my art to strangers!’ Ahahah, nope try again. This gives them the right to use servers they don’t own to store, transmit, etc the artwork. So if their service is hosted by a 3rd party service, they sublicense the permission to store/transmit/prepare the stuff to that company. They are ONLY allowed to sublicense the permission you give them. They cannot make up new permissions to share.
e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.
Translation: You own your artwork. You do not own DeviantArt. You do not own the methods for displaying it. You do not own artwork displayed alongside your artwork. You own only your artwork.
f) During the Term, DeviantArt’s licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the DeviantART Sites.
Translation: In exchange for using DevArt as a host, they are allowed to use the artwork they host to promote their site/services. Example: Web ad graphic featuring your artwork or a compilation of artwork found on DevArt used as an ad served on the web—you give permission for this. You still own your artwork, but you don’t own the ad. They are only allowed to use your artwork like this ‘during the term’, meaning during the term of the agreement/use of their site.
g) As used in this Agreement, the term “Artist Materials” means any content uploaded to the DeviantArt Site(s) which may include without limitation Artist’s name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all “skins,” computer-generated images or other artwork or images that Artist submits to DeviantArt in any medium or format whatsoever.
Translation: DevArt is covering their ass in general here by defining ‘Artist Materials’ as used in the agreement.
Here’s one that is interesting:
Limitation Of Rights The rights and licenses granted to DeviantArt under sections 3 and 4 of this Agreement require DeviantArt to obtain Artist consent before DeviantArt makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Artist Materials not in association with DeviantArt but as an individual work of art or as a group of works from a single Artist in isolation from any other works. No additional consent is required for any other licensed uses under this Agreement of Artist Materials either as part of the DeviantArt Site(s) or in connection with the distribution of content groups from the DeviantArt Site(s) and/or for uses of the Artist Materials made at the discretion of a visitor to the DeviantArt Site(s) or other users under agreements with DeviantArt. DeviantArt will contact Artist in writing about any individual commercial uses of Artist Materials instigated by DeviantArt.
Translation: There are limits on the rights and licenses artists give DA. DevArt is required by their agreement to get your consent before they make any commercial agreement with a third party regarding buying, licensing, re-selling, re-publishing, or commercially using your Artist Materials.
They explicitly state that they will get your permission and communicate with the artists before they do what this post is accusing them of supporting in their TOS.
I’m not going to translate the entire thing, but it’s here: https://www.deviantart.com/submit/agree and the accusations against the website are bullshit.
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