gagnonrich opened this issue on Oct 29, 2004 ยท 23 posts
ynsaen posted Sat, 30 October 2004 at 3:20 PM
Still have to check the laws of origin for Deviant Art and Nvidia, but, essentially this is what it means.
By entering the contest, you give DAZ, Nvidia, and Deviant Art the rights to use the image, in any way they want, forever, and not recieve compensation for it from any of the three of them.
They do not own the image. But they can do anything they want with it, forever. This includes allowing other companies and persons to use the image or portions of the image without asking the original author or crediting them.
It is not exclusive, no. However, given that they do have that right, it is also legally within their power to sue for abrogation of those rights' value (say, by undercutting them) -- notably allowable under California and Utah law.
These rights are, essentially, a variation of "work for hire" rights. The only difference is that under a standard work for hire contract the artist does not keep the rights to the image (which I know all too well since the overwhelming majority of my work is under these terms).
In short, if you you enter this contest, you are giving away your art, without even the ability to be properly credited for it should it be used by someone other than the sponsors.
Funny, though: this looks a lot like a first time author's contract.
Message edited on: 10/30/2004 15:22
thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)