[Lungo] policy deviantart
Napolux
o no) pubblicano i loro lavori.
da un paio di giorni e' apparsa questa nuova policy e avrei alcune domande:
1. puo' essere retroattiva?
2. che valore legale ha per quanto riguarda il diritto d'autore in italia?
3. e' "legale" cambiare la policy senza dire nulla?
BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT,
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING
ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS AGREEMENT WITH RESPECT TO THE WORK YOU ARE
CURRENTLY SUBMITTING AS WELL AS WITH RESPECT TO WORK YOU HAVE SUBMITTED
IN THE PAST AND MAY SUBMIT IN THE FUTURE. IF YOU DO NOT AGREE TO ALL OF
THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT AGREE" BUTTON AND DO
NOT UPLOAD ANY MATERIALS TO THE DEVIANTART SITE(S).
AGREEMENT
This is the agreement ("Agreement") between you as either an individual
artist or as the legal authorized representative of a group artist
("Artist") and deviantART Inc., ("deviantART") concerning the uploading
of Artist's audio, visual, audiovisual and other materials (the "Artist
Materials" defined below) to the deviantART.com website or any
successor(s) websites and/or websites to which the contents in whole or
in part of deviantArt.com are assigned (the "deviantART Site(s)") and
concerning deviantART's use of Artist Materials on the deviantART
Site(s). If Artist is agreeing on behalf of a group artist or a group of
artists then each reference to "Artist" in this Agreement refers to each
member of the group or the group as a whole, as the case may be. Artist
and deviantART acknowledge the exchange of mutual benefits and promises
and other consideration and agree as follows with respect to new
submissions of Artist Materials and any former submissions of Artist
Materials:
1. Term. The term ("Term") of this Agreement starts on the date that
the Artist Materials are initially uploaded to any deviantART Site(s)
and continues until either Artist or deviantART terminates this
Agreement in writing, with or without cause or by the removal of Artist
Materials for the purpose of termination. To the extent this Agreement
is terminated by Artist, the rights granted in this Agreement will
terminate only after Artist has removed all of Artist's Materials from
the deviantART Site(s), and deviantART has received notice of the
removal. If this Agreement is terminated by deviantART, this Agreement
will terminate when deviantART removes Artist's materials from the
deviantART website. If the Agreement is terminated in these ways, the
parties agree to cooperate in providing an orderly termination of the
relationship.
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.
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:
1. to prepare and encode Artist Materials or any part of them
for digital or analog transmission, manipulation and exhibition in any
format and by any means now known or not yet known or invented;
2. to display, copy, reproduce, exhibit, publicly perform,
broadcast, rebroadcast, transmit, retransmit, distribute through any
electronic means (including analog and digital) or other means, and
electronically or otherwise publish any or all of the Artist Materials,
including any part of them, and to include them in compilations for
publication, by any and all means and media now known or not yet known
or invented ;
3. to modify, adapt, change or otherwise alter the Artist
Materials (e.g., change the size) and use the Artist Materials as
described in Section 3(b); and
4. 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.
5. Artist acknowledges that Artist will not have any right,
title, or interest in any materials with which Artist Materials may be
combined or into which all or any portion of Artist Materials may be
incorporated..
6. During the Term, deviantART's licenses under this Agreement
include the right to use any part of the Artist Materials in the
promotion,advertising or marketing of the DeviantART Sites.
7. As used in this Agreement, the term "Artist Materials"
means any content uploaded to the deviantART Site(s) which may include
without limitation Artist's name(s) (including professional names),
trademarks, trade names, likenesses, photographs, biographical
materials, artwork, liner notes, and other graphical or textual
materials and any and all "skins," computer-generated images or other
artwork or images that Artist submits to deviantART.
4. Name and Likeness. Artist also grants to deviantART:
1. a worldwide, royalty-free, non-exclusive license to use
Artist's name(s), group name, photograph and/or likeness(es) and
biographical materials in connection with the distribution,
exploitation, promotion, marketing and advertising of the Artist
Materials, and the deviantART Site(s)as described hereunder, during the
Term;
2. Artist also agrees not to assert against deviantARTany
privacy, publicity, moral or similar rights held by Artist and on behalf
any other person(s) whose name(s), photographs and/or likeness(es)
and/or performances are embodied in the Artist Materials. Artist also
agrees that any persons other than Artist appearing recognizably or
otherwise in Artist Materials will not assert of any privacy, publicity,
moral or similar rights) under the laws of the United States and any
other country in connection with the exploitation of the materials as
described in this Agreement; and,
3. To the extent that the Artist Materials contain the
name(s), group name, photograph and/or likeness(es) and biographical
materials of any other person, Artist hereby grants to deviantART a ,
worldwide, royalty-free, non-exclusive license to use them in connection
with the distribution, exploitation, promotion, marketing and
advertising of the Artist Materials, as described in this Agreement,
during the Term.
5. Limitation Of Rights The rights and licenses granted to
deviantART under sections 3 and 4 of this Agreement require deviantART
to obtain Artist consent before deviantART makes any commercial
agreement with anyone else to separately buy, license, re-sell or
re-publish or commercially use any Artist Materials not in association
with deviantART but as an individual work of art in isolation from any
other works. No additional consent is required for any other licensed
uses under this Agreement of Artist Materials either as part of the
deviantART Site(s) or in connection with the distribution of content
groups from the deviantART Site(s) and/or for uses of the Artist
Materials made at the discretion of a visitor to the deviantART Site(s)
or other users under agreements with deviantART. deviantART will contact
Artist in writing about any individual commercial uses of Artist
Materials instigated by deviantART.
6. Payment Unless otherwise agreed between Artist and deviantART in
a writing from deviantART, the license granted to deviantART under this
Agreement is royalty-free.
7. Representations and Warranties. Artist represents and warrants that:
1. Artist has the full right and power to enter into and
perform this Agreement and to grant deviantART all rights to use the
Artist Materials as contemplated in this Agreement, including, without
limitation, the license grants in Sections 3, 4 and 5,
2. Artist has obtained all necessary third-party consents,
rights, licenses and permissions, if any, required for Artist to enter
into and perform this Agreement and to grant deviantART the rights to
use the Artist Materials set out in this Agreement (including, without
limitation, consents and permissions from owners of any elements that
are used in the Artist Materials),
3. the Artist Materials (and deviantART's use of them under
this Agreement) do not and will not infringe on any rights of any third
party, including any trademark, copyright, patent, trade secret, right
of privacy or publicity or moral rights of any third party,
4. all information that Artist has provided or will provide to
deviantART is true and complete,
5. the Artist Materials do not and will not violate any law,
statute, ordinance or regulation,
6. the Artist Materials do not and will not be defamatory,
libelous, threatening, pornographic, obscene, harmful to minors,
violations of child pornography or child sexual exploitation laws,
7. the Artist Materials do not and will not contain any
viruses or other programming routines that may detrimentally interfere
with computer systems or data, whether those of deviantART or any third
party, and
8. if Artist or any member of Artist's group is a minor,
Artist hereby warrants that Artist has the legal right to execute this
Agreement on behalf of the minor artist and guarantee such person's
performance of the terms of this Agreement. These warranties shall
survive any termination of this Agreement.
8. Third Party Payments. Artist is responsible for all licensing,
reporting and payment obligations of any kind to third parties in
connection with the Artist Materials.
9. Indemnity. Artist agrees to defend, indemnify, reimburse and hold
deviantART and its parent, subsidiary and affiliated entities, and its
and their members, managers, officers, directors, representatives,
employees, agents, successors, designees, licensees, sublicensees and
assigns harmless from and against any and all liability, loss, damages,
judgments, costs and expenses (including reasonable attorney's fees,
costs and expenses and court costs) arising out of or related to:
1. Artist's use of the deviantART Site(s);
2. any breach or alleged breach of Artist's representations
and warranties and/or any breach, alleged breach or violation of the
notices, terms and conditions of this Agreement; and
3. Artist's violation or alleged or threatened violation of
any rights of a third party, including, without limitation, any
trademark, copyright, patent, trade secret, right of privacy or
publicity or moral rights of any third party, arising from the
submission and/or use of Artist Materials as provided in this Agreement
10. deviantART's Performance. Artist acknowledges and agrees that the
operation of the deviantART Site(s) may from time to time encounter
technical or other problems and may not necessarily continue
uninterrupted or without technical or other errors and deviantART will
not be responsible to Artist or others for any interruptions, errors or
problems or even for an outright discontinuance of the deviantART
service. There are no assurances whatsoever that any of the Artist
Materials or any part or element of Artist materials will actually be
used on the deviantART Site or if used will continue to be available for
any particular time. deviantART has the right, in deviantART's sole and
absolute discretion, to remove from the deviantART Site(s) at any time
the Artist Materials or any part of them and/or to revoke any sublicense
granted by deviantART to any affiliate or unaffiliated third party.
Notwithstanding the foregoing, deviantART does not control the content
of the Artist Materials and does not have any obligation to monitor the
content of the Artist materials for any purpose or reason. Artist
acknowledges that Artist is solely responsible for all content submitted
to the deviantART Site(s) by Artist. The deviantART Site may be
discontinued at any time, with or without reason and all Artist
materials uploaded to deviantART may be removed and unavailable for
recovery by any means. Artist and only Artist is responsible for
maintaining at Artist's expense and in facilities owned or controlled
only by Artist any and all original materials or so-called back-up
copies of all or any part of the Artist Materials.
11. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
DEVIANTART DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO
1. UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE DEVIANTART
SITE, AND
2. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE DEVIANTART
SITE AND ANY SERVICES PROVIDED BY DEVIANTART HEREUNDER. IN ADDITION,
ALTHOUGH DEVIANTART INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE
INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE DEVIANTART
SITE(S), AND WHETHER OR NOT DEVIANTART IMPLEMENTS THE AFOREMENTIONED
REASONABLE PROTECTIONS, DEVIANTART DOES NOT WARRANT THAT THE DEVIANTART
SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL
ACCESSIBLE THROUGH THE DEVIANTART SITE(S) IS FREE OF VIRUSES, WORMS,
TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
12. No Liability for Third Party Use. DEVIANTART DISCLAIMS ALL
RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST
MATERIALS MADE AVAILABLE ON THE DEVIANTART WEBSITE BY THE ARTIST
PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY
RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST
MATERIALS BY A THIRD-PARTY, AND NOT FROM DEVIANTART. THIS MEANS, AMONG
OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS ARTIST MATERIALS FROM
DEVIANTART (WHETHER OR NOT WITH DEVIANTART'S PERMISSION), AND USES THOSE
MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS
AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND
NOT FROM DEVIANTART, AND THAT ARTIST WILL NOT HOLD DEVIANTART
RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
13. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL DEVIANTART, ITS
OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES,
LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR
LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE
OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS,
INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY
DAMAGES), WHETHER OR NOT DEVIANT ART HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR
THE USE OR PERFORMANCE OF THE DEVIANTART SITE(S). IN NO EVENT SHALL
DEVIANTART'S TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL
CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $5. THE
PARTIES ACKNOWLEDGE AND AGREE THAT DEVIANTART HAS ENTERED INTO THIS
AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS
AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND DEVIANTART, AND
FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES..
14. Copyright and Trademark Notices. deviantART, the deviantART logos
and mascots, and the layout and design of the deviantART Site(s), among
other marks that may appear on the deviantART Site(s) are trademarks of
deviantART Inc., LLC (the "deviantART Marks"). Other trademarks and
service marks on the deviantART Site(s) may be the property of the
advertisers, content partners and/or providers, or other third parties.
Artist may not use any of the deviantART Marks without deviantART's
prior written permission, and Artist may not use any third-party marks
without the third party's prior written permission.
15. Miscellaneous.
1. Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE
GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT
REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES.
THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT
SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN LOS ANGELES,
CALIFORNIA, AND ARTIST AND DEVIANTART BOTH IRREVOCABLY AGREE TO SUBMIT
TO THE JURISDICTION OF SUCH COURTS.
2. Assignment. deviantART shall have the right to assign this
Agreement in whole or in part to any person or business entity. Artist
may not assign Artist's rights or delegate Artist's obligations under
this Agreement without the prior written consent of deviantART.
3. Notice. All notices, requests and other communications
("Communications") under this Agreement must be in writing and sent to
deviantART Inc., LLC, 7095 Hollywood Blvd #788 Hollywood, CA 90028,
ATTN: Legal Department. Communications shall be deemed received:
1. for Communications sent by registered or certified
mail, postage prepaid, return receipt requested or by Federal Express or
other reputable overnight courier service, on the date of receipt or
refusal as indicated on the return receipt;
2. for Communications sent by personal delivery, on the
date of personal delivery; and
3. for Communications sent by facsimile, upon
transmission subject to telephone confirmation of receipt.
-No other form of notice shall be accepted under this
Agreement.
4. Entire Agreement. This Agreement sets forth the entire
understanding and agreement of Artist and deviantART as to the subject
matter hereof and supersedes all prior proposals, discussions or
agreements (oral and written) with respect to such subject matter.
5. Modification. deviantART reserves the right to amend the
terms of this Agreement from time to time in its sole discretion.
deviantART will notify Artist of any material changes to this Agreement
by sending an email to the address listed in Artist's account. If Artist
continues to upload Artist Materials after being notified of the changes
to the Agreement, Artist will be deemed to have accepted those changes
and the new terms of the Agreement will govern all prior and future
submissions of Artist Materials. If Artist does not accept the new terms
of the Agreement, Artist's only and exclusive remedy will be to
terminate this Agreement. Otherwise, this Agreement may be changed only
by a writing signed by both parties that specifically refers to the
parties' intent to amend this Agreement.
6. Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7,
8, 10, 11, 12, 13, 14 and 15 shall survive any termination of this
Agreement. In addition, any sublicenses granted to third parties for the
display of Artist Materials on electronic or other devices pursuant to
Section 3 shall survive any termination of this Agreement. In addition
any use of Artist Materials pursuant to Section 3 with respect to the
making of so-called backup copies or caching of deviantART Sites or any
equivalent activity or function for general site maintenance and
protection shall survive any termination of this Agreement.
--
Napolux
Bombing for peace is like fucking for virginity
Plasson
> deviantart.com e' un famoso sito dove artisti di tutto il mondo (amatori
> o no) pubblicano i loro lavori.
>
> da un paio di giorni e' apparsa questa nuova policy e avrei alcune domande:
>
> 1. puo' essere retroattiva?
Aspetta, ti rispondo al punto 3 :D
> 2. che valore legale ha per quanto riguarda il diritto d'autore in italia?
Quali sono i punti a te oscuri di questa gestione del copyright?
> 3. e' "legale" cambiare la policy senza dire nulla?
Eccoci :D In realtà lo hanno detto, qui:
http://news.deviantart.com/article/20084/
Se leggi attentamente, hanno detto che è cominciato un rewrite
dell'intera policy. Solitamente funziona così: dalla notifica della
nuova policy, tu puoi scegliere se rimanere o in alternativa andartene.
Se decidi di rimanere, accetti la nuova policy.
--
"If I have the Peter Pan syndrome, do I get to sleep with Tinkerbell?"
Web: http://www.antoniobonanno.com
Journal: http://plasson.etz.it/blog
Pongo
> 2. che valore legale ha per quanto riguarda il diritto d'autore in italia?
Non mi pare ci sia nulla che va contro la legge italiana, quindi se
l'accetti ha il valore di un qualsiasi contratto: ha forza di legge tra
te e deviantart.
--
Pongo