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Old 02-25-2009, 03:24 PM
Matthew Swift Matthew Swift is offline
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Cincinnati, Ohio
 
Join Date: Jul 2008
Posts: 430
 
Hails from United States
Concerning the new terms of use - CLARIFICATION

Hello everyone,

Thank you all for sending in your questions related to the new terms of use. Many questions have been asked about your copyright(s) in relation to this agreement. Because websites are another form of publishing, in order for our site to operate lawfully, we must ask for a non-exclusive right to display your images. This way, when you submit any content on our site, it is expressed that you are allowing us to serve that content, letting us publish it to the world wide web or in promotional campaigns related to WetCanvas. Similar terms were in the old WetCanvas terms of use, and can be found across the entirety of the Internet on any social network or forum.

To further clarify, we have added a new line to the terms of use, section 13, stating, “The granting of this non-exclusive right is related to the WetCanvas service, related web sites and services, and related promotional activities. Other commercial endeavors, such as, but not limited to the publication of books, prints, magazines, DVDs, CD compilations, and non-related works require express permission from the artist or owner of the copyright to use such content in that manner.”

Furthermore, works will not be re-posted on non-WetCanvas related sites (such as facebook) or used in any fashion unrelated to this site without express permission from the artist.

If you have any more questions or concerns, don’t hesitate to send them to any of our site Administrators or Moderators.

Best,
Matthew Swift
Lead Administrator
WetCanvas.com
F+W Media, Inc.
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Old 02-26-2009, 07:20 PM
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dsargent dsargent is offline
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Hails from United States
Re: Concerning the new terms of use

Hi All!

I wanted to let you all know that the UA has been modified a little more, in order to further clarify what all the legalese in section 13 (the one that caused some trepidation for some folks) really means, and what the intentions really are.

Here it is:

13. You grant the following licenses with respect to Content you post or submit to the web site, or otherwise make available through the WetCanvas Service.

a. You hereby expressly grant to F+W a royalty-free, perpetual, non-exclusive, world-wide, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, or otherwise distribute and display the Content on, in connection with, or to advertise, promote or archive the web site, and any future features & services for the WetCanvas community, as is necessary for the operation & preservation of WetCanvas & any future features & services for the WetCanvas community, in any form, medium or technology now known or later developed. This license is necessary to allow F+W to operate and properly host the web site, as well as develop new features and services for the WetCanvas community as new online technologies arise. It does not give F+W the right to use your Content in any way it sees fit, but merely allows F+W to include your Content on the web site, to adapt it as necessary in order to display it, and to use your Content in promoting the web site to other users & potential partners (such as in the creation of business brochures & media kits for interested parties such as the press and potential advertisers). The granting of this non-exclusive right is related to the WetCanvas service and any future features & services for the WetCanvas community in development now, or in the future. Other commercial endeavors, such as, but not limited to the publication of books, prints, magazines, DVDs, CD compilations, and non-related works require express permission from the artist or owner of the copyright to use such content in that manner.

b. With respect to Content you submit to the Reference Image Library, you grant to all other users of the web site a royalty-free, perpetual, non-exclusive, world-wide, irrevocable right and license to use your uploaded images as reference images in the creation of new artwork in a different medium (such as painting, sculpture, and so on), and to sell the artwork they create pursuant to this license to use the image. You do not grant other users the right to digitally alter the image or to otherwise use or sell the image in its unaltered state. You retain the copyright to the original image.


Sorry it took a couple of days, but changes to a UA need to get approval from several people, so it takes a little time.

(I wish lawyers could always just write stuff in plain English -- But alas... we don't live in perfect world)

As you can see, there's no way that F+W would ever (EVER) use your Content for anything other than the continued operation & archival (like backing up the servers so even if lightning strikes *knock on wood that that never happens*, you won't lose any of your Content).

Please keep in mind that the folks who work in the Art department at F+W are, almost down to a man/woman, art lovers & artists ourselves. We totally understand the concerns that some folks have raised over copyright and ownership of your work. That's also why we made it a point to involve the site's volunteer Admins & Mods in the process of writing the UA. We wanted to be sure that we had a user agreement that would allow us to safely operate this site, as well as to continue to develop new features and services, as the Web grows and gets more and more exciting.

Honestly, 10 years ago, I never thought the Internet would be as cool as it is today... I can't wait to see what'll be possible another 10 years from now!


Sincerest thanks everyone for your patience & understanding as we worked this out together,

-- Dan Sargent
Online Product Manager, Art
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