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NET303 Policy Primer

Image: DeviantART Logo

Terms of Service of
DeviantART
In our increasingly interconnected world…

Image: Interconnected World

the rules on how we share information have
never b...
Image: YouTube Logo

Image: Facebook Logo

There are many social media platforms that
we use to share information and cont...
Image: Terms of Service

In managing that information and content, website
administrators set out certain rules and regula...
Image: Privacy
Image: Copyright Symbol

The Terms of Service outline the rights and
obligations of both users and the site...
Image: DeviantART Logo

Deviantart.com is a social networking site
that provides a space for users to share
whatever type ...
Image: DeviantART Screenshot

DeviantART “receives over 160,000 daily uploads of
original artworks ranging from traditiona...
Image: Know Your Rights

The sites administrators stipulate certain
rights concerning this uploaded content.
DeviantART clearly
states that copyright law
applies to all submitted
materials…
Image: Copyright Logo

“Content provided ...
“DeviantART does not claim
ownership rights in your
content” (Deviantart: Submissions Policy, 2013)
The “artist at all tim...
The “non-exclusive rights” declare that DeviantART retains the
right to use “artists materials in the promotion, advertisi...
“You grant to DeviantART a nonexclusive, royalty-free license to
reproduce, distribute, re-format,
store, prepare derivati...
The administrators also warn users of the
possible consequences associated with
uploading content to the site.
“When you u...
DeviantART bears no
responsibility for the
unauthorised use of submitted
material and is not obligated to
assist you if a ...
Image: Standards

DeviantART administrators also stipulate what
users can upload in terms of acceptable
community standard...
“You agree not to use this service to
upload, post, or otherwise transmit
any material that is obscene,
offensive, blasphe...
DeviantART complies with the Children’s Online
Privacy Protection Act(COPPA) by preventing any
child under the age of 13 f...
While you must be a minimum age of 13 years old
to have an account, deviantART also enforces an
age restriction of 18 year...
However, classifying submissions as “mature content” is
left primarily to the user, with the administration acting
only as...
In regards to Privacy, DeviantART only provides personally
identifiable information to 3rd parties where express
permissio...
User activity such as visited pages and clicked
advertisements are collected by DeviantART to
“improve the offerings and p...
So apart from unforseen security breaches, your personal
information will not be made available to others without
your per...
When submitting to DeviantART, the default copyright
setting limits how others can use your work.

Image: Creative Commons...
Allowing you to share your work the
way you want, with who you want.

Image: License Terms
Image: Buy and Sell

DeviantArt also allows users to sell their works
commercially.
But you must be over 18 years old to do so.
(Deviantart: About TOS, 2013)

Image: Over 18 Only
As is the case with most online services and platforms,
the administrators of DeviantART reserve the right to
alter the Te...
REFERENCES
Deviantart: About. (2013) About DeviantART. Retrieved from
http://about.deviantart.com/
Deviantart: About TOS. ...
Images Cont.
Copyright Logo - http://i1-news.softpedia-static.com/images/news2/Copywriting-useful-tips-andresources-2.jpg
...
Images Cont.
Licence Terms - http://ontheline.trincoll.edu/wp-content/uploads/2012/02/cc-licenses-terms.png
Over 18 Only -...
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NET303 Policy Primer

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Published in: Social Media, Technology
  • Hi! Adam,

    I enjoyed your presentation it was effective, nicely designed, could see all the wording and was informative. You may be interested in Jason’s RedBubble Policy Primer: http://www.slideshare.net/kelljas/red-bubble-policy-primer-27395756 . This is an Australian (Victorian based) artworks site like deviantART if you would like to make further comparisons. deviantART has the same copyright terms as Google, RedBubble and Vimeo. deviantART “does not claim ownership rights on your content” (O’Connor, 2013). Except for use of your artwork for advertising, marketing and promotion of deviantART sites. This sounds fair.

    However, when third-parties are involved there seems to be a type of loop hole. While you have exclusive rights to your art or content, deviantART and third-parties can still hold the right to change, rearrange, publish, copy and distribute anyway they seem fit, without your permission. They should simplify it and state what’s yours is ours, but do not use our trademark or logo that is a copyright infringement. When users should say No, what’s yours is ours that’s fair. Or should there be more empowerment given to users for companies like deviantART and Google provide an option (or opt-in or out) to allow permission to use our artwork or content for each circumstance?

    I like how deviantART’s lists acceptable community standards. I wonder how they would have reacted to Hitler Hipsters. See Jason’s RedBubble discussions. It is the same with Google, users must be over 13 years of age according to COPPA. I did not notice in Google’s terms (I may have missed it) anything on restricted content (18+), for mature audiences only. Further, users are required to be responsible for placing mature age restrictions or administration reserves the right to change it. It is good to note personally identifiable information is not made available unless authorised by the user. Google does not do this and is further elaborated on in our discussions on Google to save repetition.

    Your policy primer is the first I have seen showing the creative commons options for creative works. As deviantART allows users to buy/sell artwork so does RedBubble. Although, there has been some controversy with users from RedBubble on their artwork sales not being paid to artists, or at least paid on time (RedBubble, 2012). Has deviantART had any of these types of problems? Jennifer who did her policy primer on Coursera studied art and we discovered that artworks produced for Coursera art courses were giving a licence to Coursera to use their work without restrictions. If interested see Jennifer’s Coursera Policy Primer at http://www.slideshare.net/jenjay4/net-303-policy-primer-27348529 . However, after further analysis, we determined that they could use small snippets but complete works for profit without permission would breach US Copyright law. The jurisdiction was in California USA, a long way to go for a dispute and an expensive exercise. What is deviantART’s jurisdiction for disputes? Good work on your presentation Adam.


    Reference
    Jones, J. (2013). CourseEra Terms of Use & Policy Primer. [Presentation]. Curtin University. Retrieved October 27, 2013, from http://disrecognizedspace.files.wordpress.com/2013/10/policyprimer_twitter.pdf

    O’Connor, A. (2013). Net 303 Policy Primer Terms of Service of DeviantART. [Presentation]. Curtin University. Retrieved November 04, 2013, from http://www.slideshare.net/lucidimagery/net303-policy-primer-27396546

    RedBubble. (2012). Getting paid by RB...not a good experience. Retrieved November 04, 2013, from http://www.redbubble.com/groups/redbubble/forums/4/topics/269830-getting-paid-by-rb-not-a-good-experience

    Yates, J. (2013). RedBubble Policy Primer. [Presentation]. Curtin University. Retrieved November 04, 2013, from http://www.slideshare.net/kelljas/red-bubble-policy-primer-27395756
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  • Hi Adam

    Thank you for creating this policy primer on DeviantArt. I have used this service to download bits and pieces to help create works in the past as a Graphic Designer, but never really considered the TOS for the site.

    My policy primer is for the online service Behance (http://prezi.com/w3blhvw2lued/behance/) which is fairly similar to DeviantArt. Both services allow creative talents to showcase their works online (Behance a, 2013). The difference being that DeviantArt is used primarily to share their content for use in other projects or to sell their content (weather it be a font, photoshop filter or graphic) Behance is a place where creative talents can appreciate each others works primarily, and depending on the limitations a user puts on their works, to allow their works to be apart of other projects (Behance b, 2013).

    It also good to see that DeviantArt, like Behance, don't take ownership of the content uploaded and the user retains ownership of their work. But like Behance, DeviantArt TOS stated that the user allows them a license to use their content in promotional materials for the service.

    On the issue of copyright, I noticed in your primer that DeviantArt does not bear responsibly for infringement of copyright. If you believe that something on Behance infringes on your copyright, you can contact Behance and file an infringement notice (unless it is being used under 'fair use'). If the copyright infringement notice is granted, then, then Behance will remove the content from the service.

    After some research through the Copyright Policy on Deviantart, there seems to be an extensive section of Copyright here that I believe you didn’t express well in this policy primer. There are guidelines and instructions on how to avoid copyright infringements and how to file an copyright infringement notice (Deviantart, 2013). This would of been handy to have added to the policy primer.

    It is also good to see that both services have similar community guidelines in regards to inappropriate content. They both have an 'adults only' option for such content as pornography for example. It is also good that both services are proactive about when content of child abuse appear on their services. Each service will report the content and user to the authorities.

    Thanks again Adam for creating this policy primer.

    References

    Behance (2013) About Behance: Our Mission. Retrieved from http://www.behance.net/about

    Behance (2013) Terms & Conditions of Use: 2. Your Content. Retrieved from http://www.behance.net/misc/terms

    Deviantart (2013) Copyright Policy. Retrieved from http://www.about.deviantart.com/policy/copyright
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NET303 Policy Primer

  1. 1. NET303 Policy Primer Image: DeviantART Logo Terms of Service of DeviantART
  2. 2. In our increasingly interconnected world… Image: Interconnected World the rules on how we share information have never been so important.
  3. 3. Image: YouTube Logo Image: Facebook Logo There are many social media platforms that we use to share information and content. Image: Tumblr Logo Image: Flckr Logo
  4. 4. Image: Terms of Service In managing that information and content, website administrators set out certain rules and regulations otherwise known as “Terms of Service”.
  5. 5. Image: Privacy Image: Copyright Symbol The Terms of Service outline the rights and obligations of both users and the sites owner, ranging from copyright protection to the use of personal information.
  6. 6. Image: DeviantART Logo Deviantart.com is a social networking site that provides a space for users to share whatever type of artwork they choose.
  7. 7. Image: DeviantART Screenshot DeviantART “receives over 160,000 daily uploads of original artworks ranging from traditional media, such as painting and sculpture, to digital art, pixel art, films and anime”. (Deviantart: About, 2013)
  8. 8. Image: Know Your Rights The sites administrators stipulate certain rights concerning this uploaded content.
  9. 9. DeviantART clearly states that copyright law applies to all submitted materials… Image: Copyright Logo “Content provided to you by others, ..... (is) are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.” (Deviantart: About TOS, 2013)
  10. 10. “DeviantART does not claim ownership rights in your content” (Deviantart: Submissions Policy, 2013) The “artist at all times retains all right, title and interest in and to the artist materials.... subject to the non-exclusive rights in the licenses granted to deviantART under this agreement”. (Deviantart: Submissions Policy, 2013)
  11. 11. The “non-exclusive rights” declare that DeviantART retains the right to use “artists materials in the promotion, advertising or marketing of DeviantART Sites”. (Deviantart: Submissions Policy, 2013) Image: Promote, Market, Advertise This enables DeviantART to use submissions without the need for the owners consent or the need to provide compensation to the copyright holder for the use of submitted material.
  12. 12. “You grant to DeviantART a nonexclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform your content.” (Deviantart: About TOS, 2013)
  13. 13. The administrators also warn users of the possible consequences associated with uploading content to the site. “When you upload content, you allow third parties to copy, distribute and display your content.” (Deviantart: About TOS, 2013) Image: Internet Pirate
  14. 14. DeviantART bears no responsibility for the unauthorised use of submitted material and is not obligated to assist you if a third party uses your work without consent. Image: Hammer and Scales Therefore members are ultimately responsible for the enforcement of copyright and any associated legal costs. (Deviantart: About TOS, 2013)
  15. 15. Image: Standards DeviantART administrators also stipulate what users can upload in terms of acceptable community standards.
  16. 16. “You agree not to use this service to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable.” (Deviantart: About TOS, 2013)
  17. 17. DeviantART complies with the Children’s Online Privacy Protection Act(COPPA) by preventing any child under the age of 13 from acquiring an account. (Deviantart: Help & FAQ, 2013) Image: Computer Kid “This restriction stands even when parental permission is given.”(Deviantart: Help & FAQ, 2013)
  18. 18. While you must be a minimum age of 13 years old to have an account, deviantART also enforces an age restriction of 18 years for access to “mature content”. Image: R18+ Restricted
  19. 19. However, classifying submissions as “mature content” is left primarily to the user, with the administration acting only as a secondary moderator. “If you submit a work which should be tagged as mature content but neglect to tag it as such the administration reserves the right to mark the work appropriately.”(Deviantart: Help & FAQ, 2013) Image: Stop Sign
  20. 20. In regards to Privacy, DeviantART only provides personally identifiable information to 3rd parties where express permission is given by the user, or if relates specifically to internal administrative operations. “When we supply personally identifiable information to these third parties, we require them to use it only for the function they are helping us with.” (Deviantart: Privacy, 2013) Image: Privacy Policy
  21. 21. User activity such as visited pages and clicked advertisements are collected by DeviantART to “improve the offerings and performance” of the site as well as informing advertisers of general user habits. (Deviantart: Privacy, 2013) However users remain anonymous and no personally identifiable information is attached to the collected data that is shared. (Deviantart: Privacy, 2013) Image: Is It Safe?
  22. 22. So apart from unforseen security breaches, your personal information will not be made available to others without your permission. Image: Personal Information
  23. 23. When submitting to DeviantART, the default copyright setting limits how others can use your work. Image: Creative Commons However you can also choose to use various types of Creative Commons licences. (Deviantart: Privacy, 2013)
  24. 24. Allowing you to share your work the way you want, with who you want. Image: License Terms
  25. 25. Image: Buy and Sell DeviantArt also allows users to sell their works commercially.
  26. 26. But you must be over 18 years old to do so. (Deviantart: About TOS, 2013) Image: Over 18 Only
  27. 27. As is the case with most online services and platforms, the administrators of DeviantART reserve the right to alter the Terms of Service at any time in the future. (Deviantart: About TOS, 2013) So it is in your interests to check the TOS and any correspondence from DeviantART on a regular basis to ensure you know your rights. Image: Change
  28. 28. REFERENCES Deviantart: About. (2013) About DeviantART. Retrieved from http://about.deviantart.com/ Deviantart: About TOS. (2013) Deviantart About: Terms of Service. Retrieved from http://about.deviantart.com/policy/service/#skins Deviantart: Help & FAQ. (2013) How does deviantART comply with COPPA. Retrieved from http://help.deviantart.com/696/ Deviantart: Help & FAQ. (2013) What is Mature Content? Retrieved from http://help.deviantart.com/220/ Deviantart: Privacy. (2013) Deviantart: Privacy Policy. Retrieved from http://about.deviantart.com/policy/privacy/ Deviantart: Submissions. (2013) Deviantart: Submissions Policy. Retrieved from http://about.deviantart.com/policy/submission/ IMAGES Buy and Sell - http://www.webuybusinesses.com.au/images/buy_sell_business.jpg Change - http://www.cpsu.org.au/multiattachments/31981/Image/BARGAINING%20Sign%20change%20ahead.jpg Child Computer - http://i.telegraph.co.uk/multimedia/archive/01394/childComputer_1394080c.jpg
  29. 29. Images Cont. Copyright Logo - http://i1-news.softpedia-static.com/images/news2/Copywriting-useful-tips-andresources-2.jpg Creative Commons http://www.grafiscopio.com/wpcontent/uploads/2012/07/creative_commons_cc1.jpg DeviantART Logo - http://chroniclesofnadya.files.wordpress.com/2011/03/deviantart.png Facebook Logo - http://3.bp.blogspot.com/oHR_xpkO76s/T8Pt3kz8p2I/AAAAAAAABzk/gnuYdWIZgQA/s1600/3D_Facebook_Logo_Cube_HD_ Wallpaper-Vvallpaper.Net.jpg FlickrLogo - http://www.croatia-in-the-eu.eu/sites/all/themes/croatia/images/flickr.png Hammer and Scales http://www.thecitizen.org.au/sites/default/files/images/shutterstock_97357133.jpg Interconnected World - http://hurstrobert.files.wordpress.com/2013/01/x-interconnected-world.jpg Internet Pirate - http://delimiter.com.au/wp-content/uploads/2012/04/internetpirate.jpg Is it Safe? - http://privacycouncil.org/wp-content/uploads/2012/07/Picture-Online-security-HackingTips-300x232.jpg Know Your Rights - http://www.visionaustralia.org/images/landing-pages/know-yourrights.jpg?sfvrsn=0
  30. 30. Images Cont. Licence Terms - http://ontheline.trincoll.edu/wp-content/uploads/2012/02/cc-licenses-terms.png Over 18 Only - http://www.signsbypost.com/lg_images/OVER-18-s-ONLY-9165.jpg Personal Information - https://spideroak.com/blog/wp-uploads/Personal-Information3.jpg Promote, Market, Advertise - http://www.maynardproducts.com.au/assets/images/PMA-PromotionalProducts.jpg Privacy - http://www.hoax-slayer.com/images/privacy.jpg R18+ Restricted - http://imagery.playerattack.com/Australia-R18-Rating.png Standards - http://www.adcet.edu.au/Admin/UploadedFiles/Images/Photos/standards.jpg Stop Sign - http://www.learnerrider.co.uk/wp-content/uploads/2013/06/00_mature_content.png Terms of Service - http://luminary.ws/wp-content/uploads/2013/04/terms.jpg Tumblr Logo - http://blog.marginmedia.com.au/Portals/92872/images/tumblr-logo-04-12-2012.png YouTube Logo - http://www.artrix.co.uk/UserFiles/image/whatson/youtube.jpg

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