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March 5, 2013
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About sxc.hu stock

Journal Entry: Tue Mar 5, 2013, 1:58 PM

Greetings!


A few of you have been really worried lately about using stock from sxc.hu here because of the change in their ownership. Basically, you were concerned that their license says that you cannot redistribute their stock in whole or in part, by itself or combined with other elements, without the written approval of the original photographer.

As we all know by now, creating a photomanipulation is considered "making a derivative image." And we know we can't make premade backgrounds without permission from the photographers, as doing so is redistributing their work.

I advised a couple of you to check with the Help Desk and sxc.hu to find out the whole truth before making rash decisions about your group that could potentially make everyone panic.

Using my own personal account, I wrote to sxc.hu to find out what the story was. Here's what I said:

I was just wondering whether creating photomanipulations from your stock and uploading them to deviantART.com is a violation of your image license agreement?


Their reply:

Photo manipulation does not grant you copyrights to the image therefore you cannot use sxc.hu images in the described manner.


My response:

Thank you. So, just so I am absolutely crystal clear, I cannot create derivative work from your stock (by mixing it with other stock, for example) and upload it to another website or an online art portfolio, as an art piece and not as new stock?


Their final reply:

You are correct - you cannot create derivative works with the use of sxc.hu images. Furthermore, you need the original artist's permission to use their work in a derivative composition.


So now what?


First, let me be clear: This is not deviantART's official statement. I do not speak for deviantART; I am only a volunteer.

That being said . . .

:bulletblack: I will no longer accept Daily Deviation (DD) suggestions where sxc.hu stock has been used unless you can document that you have the photographer's permission to use that stock and did so in accordance with his/her license terms (and state so in your artist's comments).

:bulletblack: No further "Rebirth and Renewal" contest entries with sxc.hu stock will be accepted unless you can document that you have the photographer's permission to use that stock and did so in accordance with his/her license terms (and state so in your artist's comments). As for pieces already submitted, I will not remove them, but I *recommend* that you get permission from the artist.

:bulletblack: I also will not allow sxc.hu stock in any group in which I am Founder unless you can document that you have the photographer's permission to use that stock and did so in accordance with his/her license terms (and state so in your artist's comments).


Is dA going to remove my work if it involves sxc.hu stock?


Again, I don't speak for dA. I do know that, by submitting photomanipulations to this site, you are agreeing that you have followed the rules set out by the license holder (in this case, sxc.hu and, even more preeminently, the photographer).

See FAQ #157: Can I use things created by other people in my submissions?: Failure to obtain proper permission for the use of materials protected under copyright can leave your deviantART submission vulnerable to being removed by our staff following a valid claim of infringement against it.


I apologize to those who were saying this for kind-of cutting you off; I hope you can understand that I just didn't want to jump the gun and send everyone into a panic until we knew the whole truth and the full story. :rose:

So, there you have it, for what it's worth. :wtf:


Take care,

Jade :dalove:

The low-down on stock from sxc.hu. The tl;dr version? Just don't use it without permission.
Add a Comment:
 
:icons-taz:
S-TAZ Mar 2, 2014   Digital Artist
I spend hours searching and downloading images from that site... Now I have to remove all of them... SIGH~ Oh well... 
Reply
:iconaeirmid:
Aeirmid Mar 2, 2014   Digital Artist
I never said you have to remove them all. What I said was that I personally was not going to DD deviations using that stock unless the person had permission from the photographer. No one is telling you to remove anything.
Reply
:icons-taz:
S-TAZ Mar 2, 2014   Digital Artist
Yeah, I know. I'd have to remove it since the file names are just a bunch of numbers and tracking down all the owner of the image is a pain. So I can't use it in my future work. I'm not removing it because anyone said anything. I'd rather not use something without permission, even if the owner have no idea that I'm using it. We have enough thief on the internet as it is. Anyway thanks for the heads up. :)
Reply
:iconblue-rat-designs:
Blue-Rat-Designs Feb 1, 2014  Professional General Artist
This is their worst decision. In my opinon, they should turn to fully paid site so that people are not falling into trap of "free but you cannot use it". Shame on them.
Reply
:iconsenare:
SenaRe Nov 16, 2013  Hobbyist General Artist
Thank you so much for this.
Reply
:iconsayurie-luna:
Sayurie-luna Oct 22, 2013  Hobbyist Digital Artist
what is sad in that, is for ppl who's still in Learning like me ! because plenty of best tutorial like Andrei use often that stock photo in there tutorial because they try to keep it free for ppl in Learning so that sad i cant put my result of tutorial on da and get critic of it, its really sad ! (sry for my English im french langage)
Reply
:iconaeirmid:
Aeirmid Oct 22, 2013   Digital Artist
Oui, c'est vrai. Quelle honte.
Reply
:icona7md3mad:
A7md3mad Oct 14, 2013  Professional Digital Artist
What!! 
Reply
:icondeepbluedesign:
DeepBlueDesign Oct 6, 2013  Professional Digital Artist
I contacted sxc,hu myself and I got more or less the same answer as above. When I remarked that many of the photographers have disappeared or just don't answer, they said that in that case the image in question can't be used for anything at all ... I got a little narky and replied they should rename their website from "stockxchange" to "lookbutdonttouch". I did not receive an answer :D.
I will not use this website again. I have better things to do than chasing down people who can't be bothered to answer questions from other artists.
Reply
:iconaeirmid:
Aeirmid Oct 6, 2013   Digital Artist
Exactly. It's a real shame.
Reply
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