Comment on dA is Not Selling Your Works to Third Party by phoenixleo
Then how come you have this in your contract:
"3. 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:"
"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."
Soruce: about.deviantart.com/policy/su…
While the user still remains the rights, DeviantArt is also granted the granted the reights to resell or redistribute your artwork.
Not only that but they can sell the license to any person or company they want to.
Liceneses are not a signular thing tied to one person, if you grant somebody a license to use your artwork how they see fit and also grant the the right to resell that license,
everyone who holds that license will be able to do this.
The artists still holds the copyright meaning that they can take legal actions against anyone who doesn't own a license to redistribute or sell their artwork (but still do),
but it wont allow them to take legal actions against license owners unless they violate the license's terms of agreement.
"3. 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:"
"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."
Soruce: about.deviantart.com/policy/su…
While the user still remains the rights, DeviantArt is also granted the granted the reights to resell or redistribute your artwork.
Not only that but they can sell the license to any person or company they want to.
Liceneses are not a signular thing tied to one person, if you grant somebody a license to use your artwork how they see fit and also grant the the right to resell that license,
everyone who holds that license will be able to do this.
The artists still holds the copyright meaning that they can take legal actions against anyone who doesn't own a license to redistribute or sell their artwork (but still do),
but it wont allow them to take legal actions against license owners unless they violate the license's terms of agreement.
It doesn't grant DeviantArt the right to sell your artwork. The keyword here is sell. That part is there for a reason and has been addressed previously. That part of the contract allows the third party - person or a company - showcase your works. Third party in this case could be RSS feeds, other blogging services, social media features/sites (Facebook, Tumblr, Twitter, etc), your browser (Firefox, Safari, Chrome, etc), hardwares (your computer, laptop, iphone, iPad, tablets, other cell phones, sites, and whatever new stuff it is in the future. This is basically you allowing DA the yes signal that they can allow those third parties the permission to showcase your work. Otherwise, you won't be able to use the internet and any of those sites and to access any content on DA (or any other sites) and no way for works to be shared or promoted or advertised or whatever.
Got you!
Got ya!
hey hey
(Latias also caught this one for me.)
Don't give her any problems, k?
198?
Gotcha!
"Gotcha!" 
This is not the standart license you grant on sites like tumblr to use, modify your content on their site.
This clause states specifically that they can give those rights to anyone they see fit.
Even if they currently don't sell your property they are allowed to do so without having to pay you royalties.
If you compare the user agree with Tumblr for example you allow them to redistrbute, modify etc. your content among their services because that's what they need to run that side.
While DA has these extra clauses that are just iffy. I on't claim that DA does this or has some evil diabolical sheme at play trying to steal the artwork of its users however it is there and it needs to be adressed.
DA adressed it that they didn't sell HotTopic the artwork in question and it appears to come from another side that regulary hosts contests for artwork to be used in official collections where hottopic frequently getts their artworks.
However the corresponding statement and FAQ entry only states that you don't loose ownership. Lossing ownership (which is pretty hard at least to german copyright regulations) and granting a license to other people is another thing. For example: A studio create an IP and then licenses that IP to a retailer that creates merchandise and pays royalties for that. The studio is still the owner of that IP and can take legal actions against license and copyright violations.
So you still grant DA the license to redistribute, broadcast and modify your artwork aswell as granting them to redistribute that license.
On another note, in the case of the often mentioned HotTopic/AdventureTime case:
As long as the creator of that fanart does not hold the license to redistribute this artwork it would be a copyright violation in itself.
I'm tired of people selling "fanart" of other peoples intelectual property and then bitch about other people "stealing" it.
As far as I'm aware of, unless stated otherwise the creator of the IP holds the rights to the fanart aswell.
This clause states specifically that they can give those rights to anyone they see fit.
Even if they currently don't sell your property they are allowed to do so without having to pay you royalties.
If you compare the user agree with Tumblr for example you allow them to redistrbute, modify etc. your content among their services because that's what they need to run that side.
While DA has these extra clauses that are just iffy. I on't claim that DA does this or has some evil diabolical sheme at play trying to steal the artwork of its users however it is there and it needs to be adressed.
DA adressed it that they didn't sell HotTopic the artwork in question and it appears to come from another side that regulary hosts contests for artwork to be used in official collections where hottopic frequently getts their artworks.
However the corresponding statement and FAQ entry only states that you don't loose ownership. Lossing ownership (which is pretty hard at least to german copyright regulations) and granting a license to other people is another thing. For example: A studio create an IP and then licenses that IP to a retailer that creates merchandise and pays royalties for that. The studio is still the owner of that IP and can take legal actions against license and copyright violations.
So you still grant DA the license to redistribute, broadcast and modify your artwork aswell as granting them to redistribute that license.
On another note, in the case of the often mentioned HotTopic/AdventureTime case:
As long as the creator of that fanart does not hold the license to redistribute this artwork it would be a copyright violation in itself.
I'm tired of people selling "fanart" of other peoples intelectual property and then bitch about other people "stealing" it.
As far as I'm aware of, unless stated otherwise the creator of the IP holds the rights to the fanart aswell.
It says on the second part the following (same page, same link that you commented before):
2. Ownership. 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.
Therefore the owner of the image is the only person who may grant rights to other users, companies, etc. to use their artwork. DA is not "a second wheel" so said in the middle of artist and the other side.
2. Ownership. 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.
Therefore the owner of the image is the only person who may grant rights to other users, companies, etc. to use their artwork. DA is not "a second wheel" so said in the middle of artist and the other side.
Each writes their own way of it, but since Tumblr is for blogging/reblogging content as well, it is termed a bit differently. But it's still there.
Yes, it states that because otherwise the third party will not have the right to download and/or show the content. This is not about selling. This has been nipped in the bud a very long time ago. They have to get your permission to sell content, and their print services is like that where you give them permission to print the artwork for sales just like other web print stores where they manage content. But they do not sell that right to others. In terms of other usage, when they do want to use particular artists' works for some instances for big events, they do contact artists for permission and whatever contract they make is between them and the artist.
And the above mentioned statement to use, modify content is for both for DA (thumbnails, large formats, etc) and for other third parties with whatever sizes they use for enabling access. Tumblr does this as well, and not just for their own system. It's on their "Subscriber Content License to Tumblr" section. But for Tumblr, just to avoid the whole legal mumbo jumbo, they did those summary simple words explanations for each sections to an extent, so people can understand. No diabolical scheme and they have addressed it before. Like you see, this is very old news from the drama and this misinformation spread seems to suddenly rise every other year or so.
Official sponsored contests are very different from this issue, not to mention they have very different official rules related to the contests. It depends on each contest and what they are about. But it's true HotTopic had instances from using works without permissions that I had heard about. But in this situation it's not their fault either.
The artist in question had already explained what had happened. They don't hold the license to redistribute the artwork and the current owner, Cartoon Network, holds that right who gave it to HotTopic to create the products. This was official artwork so to speak. Not even fanart. The tshirt is officially licensed. The artist didn't realize the signing would result in the transfer of ownership of the full work.
If you still have any further inquiries, it's best to contact help with a policy inquiry and/or (later) a lawyer if there are further questions.
Yes, it states that because otherwise the third party will not have the right to download and/or show the content. This is not about selling. This has been nipped in the bud a very long time ago. They have to get your permission to sell content, and their print services is like that where you give them permission to print the artwork for sales just like other web print stores where they manage content. But they do not sell that right to others. In terms of other usage, when they do want to use particular artists' works for some instances for big events, they do contact artists for permission and whatever contract they make is between them and the artist.
And the above mentioned statement to use, modify content is for both for DA (thumbnails, large formats, etc) and for other third parties with whatever sizes they use for enabling access. Tumblr does this as well, and not just for their own system. It's on their "Subscriber Content License to Tumblr" section. But for Tumblr, just to avoid the whole legal mumbo jumbo, they did those summary simple words explanations for each sections to an extent, so people can understand. No diabolical scheme and they have addressed it before. Like you see, this is very old news from the drama and this misinformation spread seems to suddenly rise every other year or so.
Official sponsored contests are very different from this issue, not to mention they have very different official rules related to the contests. It depends on each contest and what they are about. But it's true HotTopic had instances from using works without permissions that I had heard about. But in this situation it's not their fault either.
The artist in question had already explained what had happened. They don't hold the license to redistribute the artwork and the current owner, Cartoon Network, holds that right who gave it to HotTopic to create the products. This was official artwork so to speak. Not even fanart. The tshirt is officially licensed. The artist didn't realize the signing would result in the transfer of ownership of the full work.
If you still have any further inquiries, it's best to contact help with a policy inquiry and/or (later) a lawyer if there are further questions.