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Submitted on
March 11, 2013
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Dead Horse is Dead.

Journal Entry: Mon Mar 11, 2013, 9:56 AM
Hi all,

Thanks for your patience with the stock nonsense these days. I received this e-mail as part of a mass BCC today:

Dear [name of original writer],

Thank you very much for your email.

I have multiple requests for the same information from many devianart users, this response is bcc'ed to all parties seeking clarification.

I am aware of all the discussions regarding the use of sxc.hu images by devianart users. It appears a lot of the users have misinterpreted the terms of the license agreement granted by sxc.hu and I will be happy to clarify and hopefully answer all of the questions.

1. The rights granted by sxc.hu license are very limited and specific. You may not use sxc.hu images in photo-manipulations or digital collages. Furthermore, you cannot create any derivate works with the use of sxc.hu images. There appears to be a common miscomprehension and some appear to believe that 'if the use is not prohibited then it is permitted' - this is not true. It is clearly stated in the license agreement All rights are reserved unless otherwise granted to you.

Of course, you can ask the photographers for a written permission for the specific use you have in mind. If such permission is granted then you can use the particular images for the aforementioned uses. Please note that a non-reponse from the photographers should be understood a a denial of application for the intended uses and not a permission.

2. Any of the described uses (as they are not explicitly listed in the permitted uses of the license agreement) are in violation of: 1. The license agreement, 2. The artist's copy rights, 3. The artists moral rights, and 4. Deviantart terms of use. As a result any person who violates the listed license agreement, the photographer's rights and a third party terms of use (i.e. Devianart.com) should be prepared to face legal liability and consequences arising from such use from all 3 parties.

Please feel free to post the above response in your blog.

Regards,

Darek


I therefore am back to reiterating my position of requiring that you have artist's written permission or can otherwise document that you have met the artist's terms of service / license agreement to use sxc.hu stock for the purposes of Daily Deviations. What you do personally, and what your groups do, is up to you.

I'm being a hardass to protect you. If sxc.hu is going to be looking for violations of their terms, does it really make sense to call attention to someone's work by posting it for 19 million viewers?

I am closing comments because I don't intend to entertain drama on the issue.

Oh! Beware-- A LOT (but NOT ALL) of those "free stock" sites get their images from all over the net. Read the site's terms of service, if it has one.

I know this is frustrating for you. It is for me, too. I know dA is aware of the issue as well.

Our community has already started coming up with positive solutions and alternatives, and I'd really like to focus on that positive energy.


Thanks,

Jade :dalove:

The latest word from sxc.hu
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