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December 31, 2011
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:iconexorice:
exoRICE Featured By Owner Jan 11, 2012   Interface Designer
Good thing I didn't post on FB ><
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:iconangelaleonetti:
AngelaLeonetti Featured By Owner Jan 4, 2012  Hobbyist Photographer
My friend shared this bit of info with me, and I thought I would pass it on.

"Notice, in the deviantart posting, use of the word "license." Neither Facebook OR deviantart owns your artwork unless you specifically agree to transfer all of your rights. Once you complete a piece of work that is covered by copyright law (page 2: [link]), you AUTOMATICALLY OWN THE COPYRIGHT. What is most often signed away is the permission to reproduce the work for various purposes. With facebook, you are granting them LICENSE to reproduce your work, and to possibly profit from it. Why are they asking for this license? Because if they wanted to put together a presentation in order to promote themselves and they include any part of what constitutes your facebook profile, you could sue them for unlawful use. It's a typical PYA (protect your ass) policy--A lot of companies keep this in mind when creating their terms of use these days (when your portrait or piece of artwork is used to promote something that you are morally opposed to, you can take them to court over it). When you are given "license," you are basically given permission to do certain things (think of a driver's license, or James Bond's "license to kill"). In these cases both facebook and deviantart are asking the OWNERS (that would be you, whoever created the work) for license, they are specifically asking for permission to use your work in various ways--It's a formal legality designed specifically to protect your interests. Because copyright law automatically comes into effect the moment that a work is completed, you are not required to fill out any kind of copyright registration forms, and it costs you absolutely nothing to claim ownership. However, if you DO take a case to court, it helps to have legal documentation. For every single other issue, refer to the above website; They cover pretty much every specific detail, including common myths concerning copyright law. And on a final note: By agreeing to their terms of use, you are granting facebook the rights to use your work--But not the EXCLUSIVE rights (a detail that you will see included in documents requesting exclusive rights)."
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:iconmamas-art:
Mamas-Art Featured By Owner Jan 4, 2012  Hobbyist Photographer
I would like to point out what a commenter :iconravenari: said because I think it is more of what is going on with this:
The general message here - read Terms of Services of the sites that you patronage, is really good. But I also see some misunderstandings and misinterpretations of what it means to a) grant license to a company and b) grant permission (either of these things do not confer exclusive rights, and you will find similarly worded Terms and Conditions on DeviantArt, Google+, Photobucket, Flickr, and all the other gargantuan sites), Creative Commons licensing and finally - *why* sites this big need to word their ToC like this, which has more to do with the nature of the site than any nefarious intentions to actually make a profit off artwork.

Generally, the only permission you're giving them is for the art you put up on the website, which is almost always low res work. And usually the only thing they use the 'permission' for is to legally be able to show your icons or artwork on other people's news-lists/feeds/follower pages without getting sued for it. I mean, they don't have your permission to do that, but if you're friended to someone, any publically uploaded picture (or friends-only) can show up in other's feeds. That's an illegal offense if they don't actually cover themselves with legal speak saying 'you grant us permission to distribute your artwork,' which they need if they want to show your photos/art to everyone you know and friends of friends.

Facebook have always been pretty good with me. *Particularly* my art and my fanpage. For example, they promptly removed artwork posted on another person's site when it was posted without credit or permission; and they sent a warning to that person to cease and desist.

If the ToS/ToC changes in a way that makes me uncomfortable, I'll deal with it then, but the reality of what the statement is intended to cover is often vastly misinterpreted by artists. When in doubt, get a lawyer to help you; there are often free lawyers, or free legal advice offered through art organisations, and they can be invaluable for this kind of stuff. And second, don't rule out Facebook as an option for art promotion until you've spoken to a lawyer; remember - granting someone permission, or licensing permission is not the same as granting full rights, ownership of artwork, and a great deal more.



Now if I post my artwork, I always put a lower res image with my KB Logo on it, so that is the only one that they have a right to distribute (if they even want to) and that gets my name and logo out anyway.
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:iconangelaleonetti:
AngelaLeonetti Featured By Owner Jan 4, 2012  Hobbyist Photographer
That is good to hear that Facebook has been good about having others cease and desist when told they were sharing work that wasn't theirs.
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:iconangelaleonetti:
AngelaLeonetti Featured By Owner Jan 3, 2012  Hobbyist Photographer
I used to post all mine on Facebook I even made a special Facebook account just for my photography to keep it separate from my personal one. But once I started reading all this I stopped posting any new art. It is really sad that you can't post your work and know that someone else isn't going to try to take credit for it.
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:iconwafflebutter:
wafflebutter Featured By Owner Jan 4, 2012  Student Photographer
I'm done posting mine on facebook! I feel horrible cause I already posted a bunch!
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:icongoodgirl-badgirl:
GoodGirl-BadGirl Featured By Owner Jan 1, 2012
That doesn't seem right to me. :no:
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:iconlmh4:
lmh4 Featured By Owner Jan 1, 2012  Student General Artist
What happens if you have your work legally published say like a manga company or a novel company I'm just curious? Does it mean they still own your art?
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:iconmr-ripley:
Mr-Ripley Featured By Owner Jan 1, 2012  Professional Digital Artist
Hey Mark, you're already rich enough. Let me own my own art.
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:iconmiontre:
miontre Featured By Owner Jan 3, 2012  Hobbyist Photographer
I agree :no:
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