Posted by Keep your Art safe!

Fea [eyup chuck] (#42722)

Notable Lion
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Posted on
2014-11-29 12:20:10

Is your art really safe?


When was the last time you used an image-hosting website such as Tinypic, so that you could put your art into your den, or put up your avatar?

Sadly, if you're using sites like this, it's important to read their terms and conditions!

Please do NOT use Tinypic unless you have no problem with giving up the copyright and ownership to your art in exchange for their service!

"TinyPic does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the TinyPic Services. By displaying or publishing ("posting") any Content on or through the TinyPic Services, you hereby grant to TinyPic and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. Content will be publicly available, and TinyPic and other Users may copy or display Content outside of the TinyPic Services through the quick link feature or through any other display mechanisms."

What I'm going to do is begin populating two lists; a RED and a GREEN list, so that artists know which sites to avoid, and know how they can keep the rights to their work. Everyone is welcome to contribute! Please feel free to post!


The GREEN list : Your art is okay!

The RED list : Potentially unsafe!


It's pretty easy to find out if a hosting site is good or not; scroll down and look for Terms and Conditions, or just Terms. Scan through the tl;dr and look for something similar to the tinypic example.

Happy arting!
Fea~

Advertisement to copy/paste:

http://www.lioden.com/topic.php?id=251031530020 Please keep your art SAFE! <3





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Edited on 29/11/14 by Feather (#42722)

Fea [eyup chuck] (#42722)

Notable Lion
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Posted on
2015-11-25 21:16:03
Sorry, but I don't think you're correct in dismissing this thread, Kat.

DeviantArt's ToS clearly state in paragraph 4: Individuals who have posted works to DeviantArt are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of DeviantArt or the appropriate owner of copyright in such works.

And further, in paragraph 16: Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on DeviantArt any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.

The tinypic terms and conditions are very clear (Tinypic and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content) in the fact that by uploading your art to their site, you are giving everyone with access to the art explicit permission to use it in any circumstances, through the tinypic ToS; be it personal, commercial or otherwise. That is not what DeviantArt states. DeviantArt makes it absolutely clear that without your permission, although hotlinking POSSIBLE, the people or persons doing so may be violating your copyright.

You're right that they don't claim ownership, however they reduce your copyrights to the point that you might as well not own it anymore.

That's a pretty huge difference, sorry!



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Edited on 26/11/15 @ 04:25:45 by Feather {Noel Oiseau} G.D.S.S (#42722)

Kate[Clean G5
Windfall Primal] (#67536)

King of the Jungle
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Posted on
2015-11-26 01:46:08
I guess DA has updated their ToS since the last great "art scare." but I was like 12 or so when that happened, so that's like what... 11 years ago now. ^^'

The only reason I said something is because I've been around for a lot of similar scares on a lot of sites, and it typically all boils down to someone taking a part out of context or just misunderstanding "modify and redistribute" which typically means "make thumbnails and allow hotlinking." People were leaving DA in droves last time it happened there, ironically for websites that said the exact same thing in the ToS. LOL.

I'm still a bit skeptical of the language, because to me it still sounds like other users are just allowed to do stuff like resize and crop in order to make previews or w/e and link back to the original on tinypic instead of anything purposefully nefarious... Though that could be a problem if you don't leave signatures or watermarks.

I guess I'm a bit biased though, I tend not to worry about my art at all since it's all just poorly drawn sparklewoofs LOL. Obviously, use whatever sites make you feel safest :3c



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Fea [eyup chuck] (#42722)

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Posted on
2015-11-26 02:20:18
Yeah, just trying to make sure that people are aware of what different image hosting sites allow to happen to your uploads etc, and where you stand. If you uploaded to Tinypic, and someone used your art, edited it and sold it, you wouldn't be able to claim theft because you accepted they could do that when you uploaded. <3



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Kate[Clean G5
Windfall Primal] (#67536)

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Posted on
2015-11-26 03:13:18
I don't think they could actually sell it, because it does state that it is a "limited licence" which I'm pretty sure limits it to only what is explicitly stated... As in, they can modify it any way they want, but it doesn't give users explicit permission to sell the modified work.

Copyright law is pretty sketchy in itself anyways even without worrying about ToS on sites you use :/ Everyone owns a copyright the minute they create something, but owning a copyright doesn't really do you any good unless you have $$$ to back it up. Most of the time younger artists especially have to just cut their losses. Major corporations get away with intellectual property theft constantly just because they can afford lawyers.

I think its just a risk one runs when submitting art to be viewed by the public. Especially if you start getting into "derivative works." Basically if someone eyeballs your art and changes like one thing they can go, "Oh, it's just derivative!" and get away with art theft completely. But I'm rambling now 8U



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Fea [eyup chuck] (#42722)

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Posted on
2015-11-26 09:24:09
Well, I still feel this thread has value. The copyright rules and ToS are different on all of the sites, and whilst it's correct that art theft does just happen regardless, at least on the good list sites, it's not blatantly allowed in the conditions of use. :)



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MagicDream286[NHRIce
Uneven] (#191744)

Sapphic
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Posted on
2020-07-25 08:01:41
what about imgbb.com?



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Bronzewing
[Storymode] (#213942)

Demonic
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Posted on
2020-09-10 11:13:24
I don't have a DA account and I personally don't trust it- I host my stuff on a private imgur album, would that still be unsafe it it's not public?



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