?

Log in

No account? Create an account

Previous Entry | Next Entry

Art theft related

Edit:
Just so everyone does know, wolfhome.com and I have come to an agreement, they have not yet changed their ToS but apparently are in the process of it.
--------------------------------------
It has come to my understanding that Underdog feels I can't not revoke my freebies on Wolfhome. Because of the terms and usage agreements. Here, if you've never read them before I'll quote them. :)

" Some of the artwork and other creative material on Wolfhome.com has been created and submitted by users like you. The responsible artist keeps the copyright on submitted pieces but grants us the right to use it without restriction and without compensation, financial or otherwise. When you submit artwork or other creative material it to wunderwood LLC, you grant us license to use it however we choose. This includes but is not limited to use on other "non-chat" web pages such as splash screens or logos. It also includes use in advertising, whether electronic, print or otherwise, as well as use in merchandise for sale either directly on Wolfhome.com or through a third party such as cafepress.com, printfection.com, zazzle.com or other outlet. The use of submitted artwork by wunderwood LLC, whether on the Wolfhome site or elsewhere, does not obligate wunderwood LLC to pay you or anyone else royalties or any other fees at any time."

Now, I have read this over and over again, and I do not see how other people uploading my artwork to their site, is me submitting my art to wolfhome.com ? 

"When you submit artwork or other creative material it to wunderwood LLC, you grant us license to use it however we choose."
I have never uploaded any freebies to Wolfhome, so they can not say it's their property because I uploaded it to my pose list. Since I never did, never liked my freebies enough x3. Anyhow, I would understand if I filled out a contract or agreement involving my freebies in specific, then yes Underdog would completely have a point. However, to my knowledge I've never done any such thing. So, if I never gave any copyrights away to Wunderwood LLC then by Underdogs logic, he is saying if I go to a website where users have uploaded massive amounts of my art and I ask the administration to remove it, I'm out of luck? As far as I've been aware, and many other artists, that just doesn't work. Lol, sorry!  If I post my artwork and do not specify if it's allowed upon Wolfhome or not, it isn't anyone's place to just assume they can be used anywhere. My freebies are still my property and I do still retain complete copyrights.  Photography listed as "stock" still remains copyrighted to it's original owner. Which means, it can not be used for commercial use. However, since Wolfhome is a pay-for-membership site, they are using my art for commercial use. People are paying Wunderwood LLC to use my artwork, which they do not have permission to use.  There was no contract between myself and Wunderwood LLC regarding my art work.  The fault lies with the users and administration. I can not recall ever stating that my artwork was ever at any point free for use by Wolfhome.com or by Wunderwood LLC.

Many sites have been shut down by their ISP because the sites had art uploaded they didn't have permission to upload. Now I don't want to sound threatening. All I did was ask for Wolfhome to remove my freebies from their site as soon as they could. I wasn't demanding them to remove it in one day, or a few hours, or within some other ridiculous time period.  However, being the SOLE owner of the art I have a legitimate complaint that I could bring forth.  Thats over 100 pieces uploaded by at least over 100 users. I believe Wolfhomes user base is currently at 900 or so? So who knows how many times my art has been reposted. Thats a lot of copyrighted material upload, which is a very strong argument in it's own. Not to add that they are making money off of it, if not traffic.

Here is a link to my list of poses/freebies:
http://s61.photobucket.com/albums/h77/KitaraFreebies/

In addition to that, I would like to warn any artist out there. If Wolfhome.com/ Wundwood LLC does infact refuse to take down my art. They are in fact supporting my assumption about the owner believing that  ANY art uploaded to their site becomes property of Wundwood LLC. They may use your art in any form they want.  No where did I agree to the stipulations, nor were they posted in a conveniently viewed area where every artist submitting KNOWS what they're getting into.  Which means, if your art is stolen and uploaded there? If they want to slap it on a t-shirt and sell it for $40, it is perfectly "OK".
I would highly recommend  any art making sure they're work is not being used there.
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

( 11 comments — Leave a comment )
alohawolf
Oct. 1st, 2007 07:35 am (UTC)
perhaps I'm missing something here, who is underdog?

If they will not take artwork down that you own, send a DMCA Takedown, if they wont, sue.
lindblut
Oct. 1st, 2007 02:33 pm (UTC)
Underdog seems to be the admin of the website, at least he's listed as admin on their forum.

http://www.wolfhome.com/forum/profile.php?mode=viewprofile&u=5
thaily
Oct. 1st, 2007 09:00 am (UTC)
Did you give permission to people to upload the freebies to Wolfhome?
If you did then they uploaded your work with permission of the copyright holder (you) to the site and the TOS probably applies.

If someone else uploads your work somewhere without your permission you are NOT legally bound to the TOS.

So if you said anywhere "People are free to use these poses on Wolfhome" then you've probably screwed yourself.
chenneoue
Oct. 1st, 2007 02:20 pm (UTC)
You posted your freebies link to WH forum... that is enough to allow him to do this. As far as allow old poses to be used.

"The use of submitted artwork by wunderwood LLC, whether on the Wolfhome site or elsewhere, does not obligate wunderwood LLC to pay you or anyone else royalties or any other fees at any time."

As I am aware, they are not allowing new poses, even the freebies, of yours to be uploaded. I think they are just not deleting old uploaded ones.

I personally am aware of this fact, and am not too bothered by it. Most places, including Deviant art have similar statements. Its really, IMO, just so they can use your art on their banners so they can promote their own site by saying..."See whats on our site!!! Come join!"

Anyhow. WH is in the process of rethinking and writing its terms.
lindblut
Oct. 1st, 2007 02:31 pm (UTC)
Skimming over some posts on theor forums I recognize some of the avatars;

http://www.wolfhome.com/forum/profile.php?mode=viewprofile&u=87
and
http://www.wolfhome.com/forum/profile.php?mode=viewprofile&u=56 (orginal: http://kesame.deviantart.com/art/DCS-Candis-58173412) are Kesame's

Just wondering, does she know/is she alright with that/gave permission?
ichi_black
Oct. 1st, 2007 11:45 pm (UTC)
Those two users, moonlight_tigress and Candis both commissioned the pictures from Kesame, I know because I have a few from her as well :]
lindblut
Oct. 2nd, 2007 12:56 pm (UTC)
Oooh, thought so, but good to know for sure :>
(psss, Kesame makes the most awesome portraits ever, yours is so pretty, too! ;; )
maui_dolphin
Oct. 1st, 2007 02:52 pm (UTC)
Send them a DCMA
spiffystuff
Oct. 1st, 2007 03:31 pm (UTC)
The old wolfhome used to be pretty hard on any unauthorized art usage.
It was also a GINORMOUS pain in the ass and source of drama.
Don't know how it works now, but just hope you realize how hard it is to pull poses of yours that other people have uploaded, with your permisson, apparently. (I do not know how "freebies" work but it seems you've called them freebies yourself so I assume you gave them away as such)
ksharra
Oct. 2nd, 2007 05:57 pm (UTC)
As a side note, DA also has the ToS "you upload it, we can use it any way we like, no royalties" clause. That's why I barely have anything in my gallery there, and refuse to post anything at a decent res or without a watermark.

I hate those sites that give themselves the right to abuse art uploads like that.
sammyfox
Oct. 23rd, 2007 02:25 pm (UTC)
actually it's only about said submission being displayed on the website. they can't say, sell the pic to coca cola for an ad or whatever. that one only applies to the pic being displayed on the deviantart website.
( 11 comments — Leave a comment )

Profile

A_B icon
artists_beware
Commissioner & Artist, Warning & Kudos Community
Artists Beware

Community Tags

Powered by LiveJournal.com