Forum: Poser - OFFICIAL


Subject: Deviant Arts Has Something New

Armorbeast opened this issue on Aug 25, 2006 ยท 37 posts


Armorbeast posted Sat, 26 August 2006 at 3:22 PM

Which is what I addressed when I mentioned how I asked about the right click option where people steal your art.The difference here Gabe is that yes anyone with basic html knowledge can do this to you however this isn't just anybody doing it to you...its the site itself. You make your money selling 3d characters and seems I remember an incident where someone recently took one of your 3D characters,slapped a new coat of paint on it with zbrush and began redistributing it as their own.Now would it have mattered if they gave you credit with creating the original character or even if they gave it away for free?No because it was your creation,she took it as her own and then redistributed it making profit from your hard work. The same is true for people who make images as there are many artists on Deviant Arts who make money from the images they post there.They share the images on that site because it is their choice to do so and yes,they do understand that the site has usage rights at the site...but those usage rights do not extend to third partys.They may be selling their artwork as lithographs or whatever and because the site is doing this,people who would seek legal right to use the art on their site or pay for it just snag the DA embed code instead.The artist has the inherent right to control their art and their ownership of the art cannot be extended to third partys by the site...even their own TOS do not state they have such rights.This is why when you post here or anywhere else you won't see the sites freely just snatching your images and posting them anywhere they please to promote this site...because its illegal to do so. This is why people get angry about clipart and so on.But I digress and need to make one more point I don't think Gabe caught...he just gave permission for anyone to steal his art and use as they want so long as they do it in a cool fashion and put his name on it...his right to do so lol,but he cannot extend that to every artist here nor can the site arbitrarily do it.I know Gabe will say he didn't do that but once you say you see no problem with someone doing that...you in effect give them a legal right to say you did.This is why rosity doesn't want you to post music lyrics here without proving the artist has provided legal statements offering permission to do so (so people would just refer back to Gabes statement here and sites would take that as permission so long as it meets the requirements he says are ok~interpretations a bitch lol). The issue isn't that they offer this Gabe...the issue is that they activated everyones images over there without fully informing everyone which makes it illegal.The law would look very harshly on this since all they had to do to make it legal was leave it as an option where members could activate it if they chose to do so.Its the site sanctioning the widespread distribution of every image posted on their site to anyone for any reason.Whats the difference between me right clicking through peoples gallerys,posting them on a site and saying this artist (adding your name for proper credit) grants unconditional usage of their art because thats what an embed code is...official sanction by the site to use the image.You may say the situation is different because you didn't post the image...but see thats the bad thing about embed codes,once someone snags the code they tend to post the embed code on their site as well and just change the site name in the code. If you wish to understand this,just go to MySpace and check out all the sites taking music,images,videos and even products to redistribute without permission using embed codes...and the end user is not legally at fault in these cases due to good faith extending to them.Theres no way they can verify that the site doesn't have the legal right to distribute the materials so trust they have that right (how does anyone know Rosity has the right to distribute the freebies here~good faith protects the end user and Rosity). You don't need an embed code for an image...you need an embed code for free distribution of the image including promotions and links that profit the site using the embed code.Embed codes also inherently are percieved by end users as granting permission when in fact these items are uploaded to the site by other members and the site makes no effort to authenticate ownership...yet freely distribute the item anyway.DA says the item must be of your own creation...they seem intent to protect you should someone falsely posting your work on their site yet then use embed codes so they can freely distribute your works across the entire internet for usage that goes far beyond anything the law would consider that you have any possible control over.If you give them that right by actually activating images you want to share then great as its a tremendous idea to promote your work...but you alone have the right to make that decision which is the reason this is important for people to know as if you aren't aware Deviant Arts is doing this with your art,then they have violated your legal rights to provide permission to use and distribution of your art.

If the end goal of learning is genius...why are most geniuses failures at learning?