|
MY BAD on this Submission Agreement, WORRY NOT!
by $spyed, on Nov 06, 2000, in Devious News
|
|
|
|
I really want to apologize to the entire community, to Jark and to Matteo for this submission agreement situation.
I threw the agreement in Jark's direction and then disappeared for the weekend and left the guys to deal with all the crazyness that was spawned as a result of the agreement.. all of it being a total misunderstanding.
Definition of the misunderstanding is as follows: obviously we need to have some kind of agreement with our artists to protect DevArt and artists from copyright violations and things of that nature. So we called our trusty lawyer, who really isn't sleazy as someone called him. (Seriously, I spoke to the lawyer who did the contract, he felt bad that someone said he was sleazy! heh)
I asked the lawyers to draft two agreements, this is where the confusion came in. Instead of drafting two, they drafted one and put it all together. One was supposed to be a submission agreement and the second a poster agreement.
Anyway, until today I thought he was still working on the poster agreement, when I realized he had put the two together in to one by mistake!
I called him up and told him the situation and he said he's start on it immediately. We should have another version updated tomorrow that will only give us the rights to put the images on the site the way they are, etc. etc. all that good stuff. Nothing about reserving rights or making posters or money or anything like that.. for god sakes we'd never do something like that anyway.
So for the time being we're taking the agreement down until we get the new one up.
Anyway, that's the deal, sorry this caused such a ruckus. Jark and Matteo work so hard on this site I feel terrible that something I did negatively effected what they pour themseleves in to.
Jark is taking the agreement off the site as soon as he gets home tonight, it is null and void as of right now. Please feel free to continue posting your work, or you can wait until after Jark has removed the agreement but once again, you have my word, the agreement in it's current, hellish form, is null and void.
The new one will be very light and will reserve only the rights we absolutely need to cover us from law suits and stuff like that.
AGAIN: SORRYYYYYYY!! for the confusion, if anyone has any questions please feel free to email me at spyed@deviantart.com!
|
|
Deviant: ~bakerstreet (*.remote.qx.net)
Date: 2000-11-07 00:59:06
|
kewl
i think the respose was so "vivid" because it was so out of keeping with what all of us have come to expect here. I don't think anyone ever thought deviantart itself had bad intentions, so who else to blame but the lawyers and higher-ups? I mean, we are tradionally bored peole, overreacting is like a passtime. ;)
The whole vibe these days is that ecverything on the internet is a commodity, people, art, etc., and I suppose it just seemed like it had crept into here also. Thanks for being responsive.
So this lawyer walks into the bar with a pig under his arm...
|
|
Deviant: *matteo (*.gw.utexas.edu)
Date: 2000-11-07 01:09:30
|
so are you peepz happy? please say yes!
|
|
Deviant: $spyed (*.amgla.com)
Date: 2000-11-07 01:13:16
|
appreciate the understanding. I feel horrible about it.... especially cuz Matteo and Jark were stressin' over the weekend not sure what the resolution would be.
We have nothing but the best intentions for the artists that submit stuff here, it just sucks when stuff like this happens just because of some stupid miscommunication with the suits. =) |
|
Deviant: *pohsib (*.dsl.flashcom.net)
Date: 2000-11-07 02:14:29
|
lol, spyed, you ARE a suit! ;P
|
|
Deviant: `hippy1 (*.server.ntl.com)
Date: 2000-11-07 05:14:48
|
This seems to be good news but I'll only be happy once I read the new statment(But I have a feeling that I'll like it).
I can see a Scooby Doo ending coming up to this(I.e. the lawyer has his mask torn to off to reveal that he's actually Mr-T and then we all stand together and meaninglessly laugh.)
Oh, btw Spyed, ALL lawyers are sleazy(heehee).........
|
|
Deviant: `attila (*.dynamic.ziplink.net)
Date: 2000-11-07 11:06:29
|
Uhm hippy, that comment about all lawyers being sleazy was outright ignorant, joking or not. But it's all gravy. Deviant Art owns.
--
Vince Brown [link] |
|
Deviant: ~lightstream (*.potlnd1.or.home.com)
Date: 2000-11-07 11:38:33
|
this is, I suppose, a fair explanation of why the agreement got there, but it still doesn't change the fact that the agreement was written in terms that left DA with the ability to sell artist's work to third parties for modification and commercial usage without any compensation or credit given to the artist. This may be a standard practice in the music business, I don't know, but the tone and intention of that original agreement makes me worry about who or what corporate entity is behind (owns) this site and what their ultimate intentions are.
|
|
Deviant: `hippy1 (*.server.ntl.com)
Date: 2000-11-07 12:03:59
|
Attila, you obviously have never ever encountered humor or sarcasm in your life.
Shame.....
|
|
Deviant: `attila (*.dynamic.ziplink.net)
Date: 2000-11-07 12:51:27
|
It is also obvious that you're not mature enough to know the difference between humor and what others might find offensive. Just a thought, this discussion can be dropped now, seeing how it has nothing to do with the topic.
--
Vince Brown [link] |
|
Deviant: $spyed (*.amgla.com)
Date: 2000-11-07 13:07:16
|
lightstream: it's not a conspiracy... the "corporate entity" is like, me, or something. I incorrectly instructed a lawyer, by not properly informing him to split the agreements in to two different agreements.
By the way the old agreement did not give us the right to the artists works without any kind of compensation.. the terminology was very loose, in a law suit we wouldn't stand a chance. |
|
Deviant: *Heidi (*.ocde.k12.ca.us)
Date: 2000-11-07 13:19:34
|
I'm happy :)
~Heidi |
|
Deviant: ~lightstream (*.potlnd1.or.home.com)
Date: 2000-11-07 14:03:55
|
thanks spyed, I'm not trying to read more into this, I'm glad the agreement's been changed. I've had enough bad experiences with legal documents pertaining to artwork for hire that an excess of legalese in a submission agreement makes red flags go up. Your document was worded in a way that an unscrupulous person could, if they wanted to, use it to market the artwork posted here for their own gain and to the ultimate detriment of the artist.
I'm absolutely sure that was not anyone's intention here. |
|
Deviant: `liquisoft (*.ipt.aol.com)
Date: 2000-11-07 16:26:51
|
I really could care less.
.:[liquisoft]:.
[link] |
|
Deviant: $jark (*.cnrfe.navy.mil)
Date: 2000-11-07 16:42:30
|
nope, it sure was not the intention, which is why it is being reworked at this time to make things clear.
--[ jark ]-- |
|
Deviant: ~lonewolf (*.gvcl1.bc.home.com)
Date: 2000-11-07 18:00:37
|
ok, so thats what made it somewhat confusing... anyways, matteo & jark keep the site going strong... im happy now.. :)
-=LONEWOLF=- |
|
Deviant: `sephirot (*.dsl-sp.uol.com.br)
Date: 2000-11-08 07:42:58
|
Dev-Happy-Artists!!
How sweeeeeeet ;}
|
|
Deviant: `skrath (*.rh.rit.edu)
Date: 2000-11-08 09:32:06
|
do I still get my french fries?
|
|
Deviant: ~shadowmageix (*.casema.net)
Date: 2000-11-09 06:39:05
|
Wow, that was a scare, but simply put, my thoughts about the whole thing:
If deviant art wants to make money off my stuff I'd say that at least 50% of net profits of such a sale should go to me, keep in mind that in legal terms this is EXTREMELY generous...but then I like deviantart...
::The Era of Inhuman Birth:: |
|
Deviant: ~Anonymous (*.kc.rr.com)
Date: 2000-11-09 17:43:58
Anonymously posting is only allowed on Dimension Music
|
"If deviant art wants to make money off my stuff I'd say that at least 50% of net profits of such a sale should go to me, keep in mind that in legal terms this is EXTREMELY generous...but then I like deviantart... "
Going into this website you knew it was not for money, and there was no guarantee you would recieve anything for what you put up, and you still volunteered to send your artwork, if anyone is at fault it is the person who posted it volunteeringly (under their own will, and willing to except nothing is to come of it.) This claim is unheard of. |
|
|
| Daily Deviation |
jigit has crafted an eery and wicked giger-esque deviation with "Anubis." The darkness encompasses ones desktop with the odd feeling that the beast may attack at a moments notice, without hesitation. As a side note, this makes for a perfect ensemble with the skin created by our very own matteo. |
| history |
| weekly staff picks |
|
| Deviousness |
|
jsenn produces the most elegant and eloquent comments one could ever conceive. Her wonderful storied comments lend much help and insight into a deviation that most would never have thought to look for. The eloquence carries on to her beautifully crafted poetry, which is her artistic outlet, much like the ones from others that she speaks on behalf of. Deviant Art is also grateful for her early support of our young site.
|
| history |
|
ShoutBox |
`digi:
thanks sirkel!!!
12/13 15:20:50
~rulian:
nobody liked my new one, i'm going to go cry now TY everybody!
12/13 15:17:27
`digi:
it up
12/13 15:12:30
~sirkel:
Ok Digi, I'm waiting
12/13 15:10:48
~pezest:
very much so! A little slow, though...
12/13 15:09:21
|
|
[legend]
|
|
|
