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Improved DMCA Reporting System

Mon Feb 4, 2013, 1:31 PM


Hai by damphyr

Hello, deviants! In an effort to keep the community informed and to provide the best possible experience for our members, we wanted to inform you of changes to our reporting system.

DeviantART is dedicated to protecting our artists, and in an effort to be able to more quickly handle complaints by deviants who have had their rights infringed on, we have changed the way we receive complaints from the artist or the copyright holder.

In the past, we took reports by the copyright holder in two different ways: An informal report via the Report Violation tool and a formal complaint via contacting the Help Desk. While both of these methods were effective, they presented many setbacks.

OldDMCA by damphyr

The informal report did not gather all the necessary information for a formal copyright complaint and was prone to misuse by well-meaning deviants who would attempt to report images they did not own the copyright to on behalf of artists they admire. Unfortunately, filing unauthorized reports added to the backlog, and while our response time was still good for artists reporting infringement of their own work, the unauthorized reports created an unnecessary delay.

This system also fell short when the copyright holder attempted to report an infringement where the original file was not hosted on deviantART.com itself. Also, many deviants found the specific legal requirements of an official take down notice difficult to understand or downright overwhelming.

We spent a good deal of time re-evaluating our system and ultimately decided that we needed to streamline the system to better guide our artists through the DMCA takedown process. We have launched a new reporting method for copyright holders and their legal representatives when they believe a work is infringed.


This new system is an improvement for our artists because it provides...
  • A clear indication of what needs to be provided
  • An easier breakdown of the form
  • A templated format so it is easier for artists to follow the rules with and for staff to review the notice
  • Helps promote a faster response time


newDMCA by damphyr

Why are we using this system? The DMCA is a formal notice and takedown system for copyright owners. It is not an arbitrary set of rules created by deviantART; it is a legal process which is respected the world over. You can find more information on the DMCA, how it works and what it does here.

Our new system can be found here, and can also be accessed by clicking the Report Violation button.


How does it work?
Attempting to report through the Report Violation link and selecting the “My Intellectual Property” option will redirect you to this page where you can provide information about the property which you believe to have been infringed. With this new system, artists who are attempting to report infringement where their original image is not hosted on deviantART will encounter no friction when reporting infringement of their work. This will also provide staff with a uniform presentation of the complaint, allowing for an easier and thus faster assessment of the situation and more prompt action against the potentially infringing submission.

What isn’t changing?

Reports by third parties, or those who do not own the copyright or legally represent the artist will not be impacted at all. These reports can still be filed by clicking the Report Violation link and selecting “Permission Issues.” As reports from the copyright holders themselves are given top priority, please keep in mind that third party reports will not receive the same response. Reports of potential infringement that happens off of deviantART.com will not change either, as staff cannot take action on behavior off of the site. In those cases, please contact the administration of the site where the potential infringement is occurring.


As a reminder, we take these reports very seriously. Those who continually and deliberately misrepresent content as their own or infringe on our artists will find their accounts facing administrative action including removal of the infringing material and various lengths of account suspension. A first time offense may not result in an administrative action against the account, but the repetition of bad behavior in this area will not be treated as a simple breach of etiquette.

We want to encourage a creative atmosphere, and we know that it is dampened when our artists' copyrights are infringed. We are so excited to offer easier and more timely service for our artists through this new system. We have updated our Copyright Policy to match our procedures, and updated our FAQs to provide current and relevant information. Check our our newly updated FAQs:

FAQ #8: What are violations of the deviantART copyright policy?
FAQ #32: Fair Use and Your Submission
FAQ #814: Should I put a signature, watermark or copyright notice on my art before submitting it?
FAQ #572: What does deviantART consider "Fan Art" to be?
FAQ #155: How do I report a deviation which I think breaks the rules?

Thank you all for being an awesome community dedicated to creating and preserving the rights of artist. Keep creating and stay devious!
Thumbsup by damphyr




Add a Comment:
 
:iconlyndaskunkk:
LyndaSkunkk Featured By Owner Apr 21, 2015
DA is getting everytime worst. Now everyody can break rules.
DA is now full of trolls.
Reply
:iconmilovanf:
milovanf Featured By Owner Sep 8, 2014  Professional Digital Artist
What about traced art? I heard members complain how staff members refuse to remove it, even filled DMCA request. :shrug: Like a joke, it doesn't violate copyright laws of dA and United States. :|
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:iconstormyroyalz:
StormyRoyalz Featured By Owner Jun 21, 2014  Student General Artist
What about people putting downloads for illegal mmd models
Reply
:iconk4nk4n:
K4nK4n Featured By Owner Nov 15, 2013
Tons of copyright violations by an under-aged thief which the admins refuse to take any action against. alerkina2.deviantart.com/galle…
Reply
:iconvanuinfiltrator:
VanuInfiltrator Featured By Owner Jan 4, 2014  Hobbyist Writer
There are about 10 people at the help desk that deal with thousands of reports each day.
Reply
:iconk4nk4n:
K4nK4n Featured By Owner Jan 4, 2014
As you say so.
Reply
:iconk4nk4n:
K4nK4n Featured By Owner Oct 30, 2013
You failed, Admins. Thieves like :iconalerkina2: are running rampant knowing that you folks won't do a thing about them. He's using a new account, too. His last [banned] account was :iconalerkina:
Reply
:iconk4nk4n:
K4nK4n Featured By Owner Oct 8, 2013
Why hasn't any action been take on this thief? alerkina2.deviantart.com/ And he's even created 2 groups which he uses to steal more images from others with! I don't have time to find out who are or contact the real owners of the 3,759 images he's stolen! I know you only act on your whole DMCA-related actions, but it's simply ridiculous that you won't take any action n this thief considering the amount of complaints, stolen images, screencaps and harassments he's involved with.Rage 
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:iconbritton1999:
britton1999 Featured By Owner Sep 20, 2013
is good
Reply
:iconanimatedastronaut:
animatedastronaut Featured By Owner Jun 21, 2013
What about poor kids like me whose parents aren't going to take the time to care about this issue, or whose parents don't even know about dA to begin with. This is just inconvenient. Kids aren't going to get enough help with this system because they're too busy worrying about their parents. Besides, I don't trust anyone enough to give them that information.
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:iconkjandddm:
KJandDDM Featured By Owner May 24, 2013
It is unlikely that we will hear anything further from Ms. Damphyr, since what she told us, originally, has now been proven to be false - there is no regard given to third-party copyright notices. Dishonest? Uniformed? Who knows. Either way, DA will allow obvious copyright violations to remain on the site, unless an artist is willing to share all of his/her personal info with them and the person who stole your art - while keeping the personal info of the thief private. Integrity? Don't look for it on DA. It's on vacation.
Reply
:iconlovelyinfected:
LovelyInfected Featured By Owner May 10, 2013  Hobbyist General Artist
lmao no wonder so many people are ditching deviantart
its sinking like the titanic
Reply
:iconkjandddm:
KJandDDM Featured By Owner Apr 27, 2013
Reply to: NalaFontaine - Your last reply is hidden, because DA had determined that the replies between us are 'excessive,' and I thought it necessary for this reply to be visible.

We are probably on the same page, in some ways, although we still have differences of opinion. Talking between us, of course, is like wrestling with water - the outcome will change nothing. It is only the staff who can fix what many of us see as a problem.

The problem is either they do not have sufficient staff to address the list of filings, they are trying to force artists to file a DMCA, or they do not wish to address third-party notifications in a timely manner. Looking at the first possibility, there is a solution: ask for more help from members, preferably those with knowledge of such matters. I would tend to believe that those who are addressing the DMCAs and third-party notifications have little or no experience in copyright issues. This could be another reason that it takes so long for issues to be resolved. If they are only using experts and have to pay them, then this could cause a logjam, as well, for professional legal advice is not inexpensive, even when they are working on a retainer. However, I would think that this site, like most of its type, employs volunteers for 80% of its workforce. Asking for more help would be a sensible attempt to solve the problem.

If it is the second possibility, then this will create more distrust among artists, for there are many who would not feel comfortable sharing their personal information with DA, or the thief to whom DA 'may' give it, as stated in their DMCA procedures. There is no mention of providing the artist with the thief's information, though. No mention at all. How many DA staff members would have access to this personal information? None of this is addressed in Ms. Damphyr's message.

If, on the other hand, it is the third possibility and they just don't care, then there is nothing that can fix that, except for a change in attitude. Let us hope it is the first possibility and that they will choose a wiser method of handling the issue(s) very soon.

The website that does more to protect the copyright of all artists in any way possible, whether DA members or not, is the site that will attract quality members. So far, the feedback we have received from around the net is that DA has a long way to go to build this level of trust with artists.
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:iconkjandddm:
KJandDDM Featured By Owner Apr 27, 2013
UPDATE: Actually, we just received verification, in writing, that DA will ONLY act upon DMCA filings. We have posted their email, received by the artist, in our journal, today. So, third-party filings are actually a smokescreen, after all. No wonder Ms. D. bailed on the conversation.
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:iconk4nk4n:
K4nK4n Featured By Owner Apr 21, 2013
You're digging yourselves a grave, deviantART, what with forcing users to reveal sensitive information and allowing art thieves to flourish with the knowledge that almost nothing is being done to handle their activities. And while you're at it...

This idiot stole my art! [link]
My original art is here. [link]
Reply
:iconkjandddm:
KJandDDM Featured By Owner Mar 30, 2013
We sent you a note, with links and artist contact information, concerning a glaringly obvious infringement of a (non-DA-member) friend's work two weeks ago and a second message one week ago. We are now entering week three since the first message was sent. Another member sent a note, as well, and still the image remains. It is nice to have policies and update them, and it is nicer still if you actually take steps to protect the copyrights of artists. As long as that image remains on DA, it is clear evidence that this policy is not enforced as it should be.
Reply
:icondamphyr:
damphyr Featured By Owner Mar 30, 2013
You should read this article fully and have the copyright holder/original artist report it via the methods outlined in this article. If the copyright holder files a complaint via the DMCA takedown link in this article, the claim will be reviewed by end of day on Monday.
Reply
:iconnalafontaine:
NalaFontaine Featured By Owner Apr 18, 2013  Student General Artist
Indeed that the DMCA notices are helpful to speed things along, but it's turning out to be the only way to get dA's copyright policy to be enforced. I am personally concerned over this as I feel the movement may be treading over to permitting things like screencaps from television programs as part of people's galleries here. I fear to see dA altering their rules to "do what ever, but we'll take it down if an owner complains with legal papers."

I truly do believe in the contribution that deviantART offers to the art world as a virtual artist community. It is a place where we show our true colours and potential as well as it being a great learning environment. Yes there is a big problem with the consistency of copyright violations, but let's not get discouraged and let the problem overwhelm us to the point where the supporting staff won't take action against blatant infringements.
Reply
:iconkjandddm:
KJandDDM Featured By Owner Apr 18, 2013
Ms. Damphyr has made it very clear that unless a DMCA is filed, there will be no effort expended to protect the copyright of any artist, either a DA member or not. None, nada, diddly. Until there is integrity at the heart of a website for artists, there is no protection and the website has no veracity, when making any statement attesting to their 'protection of artists' copyrights. Actions have meaning. Words without supporting action have none. Based on the current situation, as we are experiencing it, DA does not protect the copyright of an artist, unless they divulge personal information, per the USA requirements. So much for living in a global society - and forget any moral component that might be apparent to most of us.
Reply
:iconnalafontaine:
NalaFontaine Featured By Owner Apr 19, 2013  Student General Artist
The staff does what they can. Can you quote the words used that you find seem to indicate that they the staff won't take action other than the DMCA claims? It would help make it clear for me and many others.
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:iconkjandddm:
KJandDDM Featured By Owner Apr 25, 2013
I do not believe that your statement is correct: 'the staff does what it can.' If Ms. Damphyr had taken the same amount of time to look at the image in question, she would have easily determined that this was a copyright infringement and should be removed. She did not. Instead, she assumed that I had not clearly read her message, which was incorrect, as my having read it is what prompted my comment to her. You may also wish to read her original post, which contains this important, open-ended sentence: 'As reports from the copyright holders themselves are given top priority, please keep in mind that third party reports will not receive the same response.' So, what response will they receive? This is not defined in her message. Historically, we are hearing off-site artists tell us that three months time is what some have experienced, before DA pulled an copyrighted work from its site. When I posed a direct question to Ms. Damphyr - 'So, to be clear, are you telling us to inform the artist that unless he files a DMCA with DA that you will not remove the offending infringement from your server(s), in spite of the blatantly obvious copyright infringement?' there was silence. No reply. From an educated standpoint, one can safely assume that this side-stepping of the issue means 'bugger off, we'll do what we want, when we want.' A site that is actually concerned about its image, regarding copyright infringement, would not suddenly go silent on an issue being discussed in a thread initiated by the person responsible for 'copyright and etiquette'. A website that would protect the copyright of all artists would remain engaged in such a thread, to discuss the concerns of its members, which in this case are many. Ms. Damphyr has not.

To date, the image is still posted to the offender's page. So, after 1.5 months of being told about the infringement, by several people, multiple times, with necessary data to make a valid determination of who holds the copyright, and no action, one can safely assume that DA has no concern about the copyright of an artist. We posted a rather lengthy journal regarding this, including the link to the image, if you are interested.
Reply
:iconnalafontaine:
NalaFontaine Featured By Owner Apr 25, 2013  Student General Artist
It's not upon the decision of a single individual to act according to what they think is right or wrong, the entire staff needs to work in an organized and efficient manner that prioritizes what level of importance certain tasks are to be ordered in. To do what you can is to also work within your field and your assignment according to the regulations set by the team. We cannot hold it against an individual if a copyright issue has yet been able to be taken care of if taking the 'right' action is not justified by regulations. The issue is ordering the regulations and organizing the serious problem we have at hand.

1.5 months is honestly nothing for the waiting period for action to be taken on lower priority cases. You could likely be waiting for a year. Sending multiple reports will help no more than continuously pressing an elevator button. Yes the waiting period is terribly long and it is because it is an overwhelming issue. There are more important issues to resolve beforehand.

I had asked for a quote, not a lack of quote. There is no confirmation on a statement when something was not confirmed. These "educated guesses" are simply negative assumptions because action was not YET taken. I feel very sorry that the third party copyright violation complaint has been set to lower priority, so don't go taking it out on staff if it hasn't been removed yet, they do what they can, but they have to keep their priorities in check, so just have a bit more patience. It's very good to be concerned over the etiquette of the community and to watch over each other. The efforts we make are important. I can only hope that the staff can adjust some more improvements into their reporting system soon.
Reply
:iconkjandddm:
KJandDDM Featured By Owner Apr 26, 2013
We are in disagreement, as to what is a reasonable waiting period, and we are likely to remain so. I doubt very much that you have any extensive, personal experience with copyright issues, on an international level, unlike DDM and myself. We have had a seven-year education in this area and find DA's lack of action with regard to obvious violations to be reprehensible, whatever excuse they provide. The C&EA's lack of engaging members in discussion, in a thread initiated by her, is also significant - such as not answering direct questions posed to her. An organization dedicated to protecting copyrights of all artists would not disengage in the middle of a discussion, where many members are displaying substantial dissatisfaction with the message contained in the original post.

You may hold onto your opinion and, lacking anything in your message to sway us, we will hold onto ours. As for the rest of your message: we will be as patient as we choose to be...or not. Perhaps you will find a way to live with this?
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(1 Reply)
:iconkjandddm:
KJandDDM Featured By Owner Mar 31, 2013
I already reviewed the article in full, which is what prompted my reply.

The artist whose copyright has been infringed does not wish to be forced to reveal personal information to DA, a website on which he has no presence. Based on the lax approach DA has had to this issue, he feels that there is no reason for him to trust that any of his personal information would be safe, in such an atmosphere. In his country, he is also allowed to create his work and remain anonymous. Some of us have professional lives and prefer to share our creativity anonymously.

If DA has no intention of responding to third-party notices, even after several requests, from more than one party and nearing three weeks time, then why does DA bother posting the option? It seems disingenuous to do so and then tell members that they will not look at the issue soon...if ever.

So, to be clear, are you telling us to inform the artist that unless he files a DMCA with DA that you will not remove the offending infringement from your server(s), in spite of the blatantly obvious copyright infringement?
Reply
:iconkjandddm:
KJandDDM Featured By Owner Apr 5, 2013
That is one deafening silence, Ms. Damphyr.
Reply
:iconskylerfarrier:
SkylerFarrier Featured By Owner Mar 12, 2013  Hobbyist Writer
So reporting directly to the Help Desk is supposed to speed things along? I reported being sexually and regularly harassed, stalked, and having my stalkers make new accounts to get around the ban.
All I was told was that since the SEXUAL harassment had ceased, nothing could be done, despite the fact that the harassers were still RPing smut in the DA chatrooms.
With this new change, it seems like it's very counter-productive. Previously, owners couldn't get any sort of response unless they coaxed their followers to report the theft as well. "was prone to misuse by well-meaning deviants who would attempt to report images they did not own the copyright to on behalf of artists they admire" So now the artists won't even have the support of their watchers?
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:iconaleximusprime:
AleximusPrime Featured By Owner Mar 12, 2013  Hobbyist General Artist
Grand.

Now instead of us being able to report a stolen art piece in under a minute, we take longer just to put in very sensitive contact information that someone else could see. In return a lot of artists won't be willing to give that information away and will start ignoring the stolen art and the art thieves will catch on and steal more art knowing that less people will bother to report it. Before you know it, the site will have an influx of stolen art and will be known for that to the rest of the online art community. You really dug yourself a grave on that one DA. -_____-
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:iconsluttyprince:
Sluttyprince Featured By Owner Mar 12, 2013
This is just bad, what if my art got stolen and I had to contact DA?

I honestly hate the new report system, put the old one back. It's easier for us members.

I don't want to put my address, phone number etc, I don't want to be in trouble and fingers pointed on at me!
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:iconkashimusprime:
KashimusPrime Featured By Owner Mar 12, 2013  Hobbyist Digital Artist
I question whether this is more successful than the earlier DMCA Copyright infringement notice in the Help Desk.

I also question what an artist is suppose to do if they don't want to give you their entire information(name, address ect ect). Me for example am only on here for fun and don't want to expose my rl identity. I'm not one of those people who love posting their face. I prefer to just be an artist who's behind a personage who's just sharing art.
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:iconspielodia:
Spielodia Featured By Owner Feb 23, 2013
Just a suggestion for you staff folk: take a look at the "renders" gallery
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:iconkobayashihisa:
KobayashiHisa Featured By Owner Feb 16, 2013
Nice.
Reply
:iconindigomystiere:
IndigoMystiere Featured By Owner Feb 14, 2013
Wait a minute, so now I have to give up my own personal information when reporting art/work stolen from me? That is like blackmail! We all would want to keep our personal information private when online and such means are similar to infringements of our privacies. That was the reason why I never registered for Facebook - they kept demanding for private information. Forgive me for my outburst of disagreement, but I do NOT find this new method unacceptable at all. You should allow us to report thieves without shelving out our privacy to miscreants.
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:iconkobayashihisa:
KobayashiHisa Featured By Owner Feb 16, 2013
This is not a "new" method. This is US law. dA is required to follow US laws which means this is how it has to be done to legally get your works removed when people steal them. These laws have not changed - if you were to find your art on any other website, search engine, etc where it doesn't belong, you would have to file a LEGAL DMCA complaint such as [link] (no DMCA complaint means you won't get your works removed from the website, search engine, etc). dA has chosen to streamline the process for you so you don't have to do THAT (which takes quite a bit of time and effort).
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:iconindigomystiere:
IndigoMystiere Featured By Owner Feb 18, 2013
I see.
Reply
:iconharwicks-art:
harwicks-art Featured By Owner Feb 11, 2013  Professional Digital Artist
So before, should I find someone posting my own artwork on their DA account, all I had to do was hit "report violation", click that I was the original copyright holder and provide a link to my original work being stolen and let things be sorted out.

Now I have to do this, but also provide a legal address and phone number, as well as a digital signature swearing them accurate under oath. And then I get to worry that "All of the information provided in this form may be made available to the deviantART user responsible for the content that is the subject of the takedown notice." So after I report him, you're giving the guy who stole from me my private contact information.

How is this an improvement that helps protect me?
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:iconhans-sachs:
hans-sachs Featured By Owner Feb 12, 2013
they're forwarding your information only, if the other person files a counter-notice.
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:iconharwicks-art:
harwicks-art Featured By Owner Feb 12, 2013  Professional Digital Artist
That's not so high of a standard as to relieve my fears, especially about someone who is willing to lie and claim ownership of my work in the first place.

Now, when someone else on DA steals my work from my own DA page, it seems my only options are:

1). Allow a third party to decide if they should give out my legal name, home address and telephone number to someone proven untrustworthy who now has a beef against me.

2). Lie on the form to protect my personal information, while signing an oath that all information is true.

3). Not risk it and walk away, doing nothing about the theft of my work.

These are all unacceptable options to me.
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:iconkobayashihisa:
KobayashiHisa Featured By Owner Feb 16, 2013
This is US law. dA is required to follow US laws which means this is how it has to be done to legally get your works removed when people steal them. These laws have not changed - if you were to find your art on any other website, search engine, etc where it doesn't belong, you would have to file a DMCA complaint such as [link] (no DMCA complaint means you won't get your works removed from the website, search engine, etc). dA has chosen to streamline the process for you so you don't have to do THAT (which takes quite a bit of time and effort).
Reply
:iconhans-sachs:
hans-sachs Featured By Owner Feb 13, 2013
yes, you are right, without any doubt.

however, this seems to be the legal procedure which is used on more or less every site, if you want to report copyright infringment. i don't think that deviantart does want to change it back.

further information, which i got from staff: if someone files a counter notice, you will also get their contact information (you can take them to court). upon the counter notice the picture in question will be restored into the gallery of that person, unless an injunction is issued by a court.

it is not entirely clear to me what would happen, if the person gave false personal information, and staff has not answered this question to my full satisfaction (would they reveal the person's ip-adress? what if that ip-adress is a spoof?).

in general i think there is no real reason to be worried. if you encounter an infringement of your copyright, you file a dmca notice, the violation will be taken down, and that's it. however, if you run into a determined troll, who knows how to conceal their identity, it might become a complicated and costly matter.
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:iconeotenhazel:
EotenHazel Featured By Owner Feb 10, 2013  Student Traditional Artist
It may be worth noting that I'm primarily interested in this because of "changes to dA's copyright policy", aka permissions being implicitly granted to dA by the uploader, as opposed to rule-enforcement policy or whatever.

It seems pretty clear that part of the problem here is that rule-enforcement is being explicitly addressed as a "copyright issue". I mean, there is a very, very good reason for dA to want to cover their ass here: That little '(c) ~ username' by the stuff you upload? That's there to assist potential problems that individual users may face regarding copyright weirdness. Because the fact is, the internet is vast, right-clicking is easy, and if someone's ripping off your material for profit, chances are they already have a LOT more legal funding/industry clout than you. While current law does not explicitly require you to make an active copyright claim when you upload your stuff, that auto-symbol/auto-date on your submission provides a lot of inherent clarification for you as the artist/uploader. This clarification, in turn, is probably the best deterrent you have against big-budget thieves who, let's be honest, you can't really fight.

The problem for dA is that, in order to support you in this manner, they explicitly second your claim of ownership when you upload something. If something happens, for instance you steal something and get busted for uploading it here, it's the company (dA) who gets held responsible, not the "user account" (you). So yes, art theft violations are indeed SRS BSNS. When you steal stuff, dA is complicit, and even if it was just their uploader doin' it's thing, they're the ones who risk getting fried for your violation.

So dA, as a website-based company, has a very good incentive to want to keep a lid on this stuff. And they have very much not had a lid on it, for a very long time. By this point the lid has probably washed downstreet. Unless they were to take a bunch of time to go through the entire site and purge the ever-loving shit out of it, the company simply has no way to put that lid back on. In other words, the site is so inundated with ToS violations that upholding their own ToS is no longer sufficient legal protection. So instead of covering their asses by asserting "good-faith enforcement of policy" (which they simply don't have), they have to avoid treating this as a "company policy" issue at all, and simply assert "good-faith compliance with copyright law" (which they still do have, especially now).

Thing is, if the site policy is "upload your own work", then the majority of violations don't need to, and shouldn't, be a matter of "copyright" at all. Copyright is a legal matter, and legal matters do require caution. It's better to be certain than to suspect, innocent until proven guilty, yadda yadda. This is all very true, but dA is allowed to remove a submission on the basis of "this isn't yours" without ever invoking the idea of "copyright" at all. Many copyright holders don't care about redistribution of their work. Many do care. This is not important because dA, as the site itself reminds its users very clearly, is not for "legal redistribution" in the first place. It's not for redistribution at all.

Not only is dA allowed to assume "guilty until proven innocent", their designation as an "artist website" dependent on it. Maybe an artist assigned open permission for their work to be uploaded damn-near anywhere. That has nothing to do with authorship, though. Without specific, explicit explanation at the time of upload, dA is better-off removing that stuff as a "submission violation". In fact it's kind of unnerving to think that the staff would actively decline to do so. The artist holds copyright, and thus holds full and final say about where the work can be displayed - not where it is displayed. The artist can give as much "permission" as they want, but dA is not obligated to let anyone post the work on their site - including the artist. It's fully within dA's rights to remove every such submission made by someone else, for reason of authorship. Even if the author has a dA account, too. Even if the author has it in their Gallery, with a big comment saying "dood, go repost this **** yea". Even then, the site admins can (and should) remove every such upload but the original author's. If the author doesn't like it, tough beans. If they want to revoke their permissions from dA and quit the site in a huff, good for them. Good riddance.

It's pretty obvious what the switch to "easy DMCA filing" is about. The "submission violations" ball has been dropped so badly, for so long, that dA has to skim right over all that, in favor of a full-blown "copyright violations" position. Otherwise they're just-plain endangered by the decade-long flood of ToS violations that still lingers here. If that's their legal defense in case something happens, they might as well hand the FBI the keys to MegaArtload.

In context, I don't blame dA for the current decision. The quick solutions exist, but that kind of "reform" is beyond destructive. It wouldn't actually revive a community, just kill it. Of course, this whole thing could've been kept under far-better control by assuming guilt until innocence is proven. If they start working on that now, maybe the long-term solution can eventually work out. Maybe.
Reply
:iconlyiint:
lyiint Featured By Owner Feb 12, 2013
I just have to say that this is the best written and best explanation of what is going on and what should be done that I have read so far. Kudo's to you. I just hope the DA staff take what you say to heart. They can fix this problem if they uphold their own rules of "upload your own work" (which is exactly what other sites do and they barely have any problems of art theft at all). It's such a shame that a site that has lead the way for artists is now considered nothing more than a sharing site and a hot bed for theft.
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:iconeotenhazel:
EotenHazel Featured By Owner Feb 15, 2013  Student Traditional Artist
Well, the common complaint is about people "using dA like Photobucket", but copyright violation isn't technically allowed there, either. Instead of worrying about whether people "use dA as if it were" an image-hosting site, ask yourself this:

Assuming that the current rules are enforced... what exactly is the difference?
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:iconfar-off-light:
far-off-light Featured By Owner Feb 10, 2013  Student Traditional Artist
I've read through 12 pages of comments, and it looks like a lot of people are hung up on the issue of "assumed consent." So. Let's take a quick look at consent in a different context. Do you assume consent to have sex with someone unless they outright say "no?" No you don't because that makes you rude and a sexual harasser. So if in instances of sexual contact you generally do not assume consent unless explicitly stated, then why have such a mindset in the realm of copyright?

In my opinion, the dA report processing staff should make an effort to reach out to artists on other sites if a third party reports an alleged case of copyright infringement.
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:icontrezykx:
Trezykx Featured By Owner Feb 10, 2013  Hobbyist Digital Artist
I'd like to see third party reports honored if adequate information is provided VIA link to the original on or off site. I find a metric ton of stolen art daily, and so far have seen nothing done to any effect. I comment on the artists stolen work and they hide the comment then block me. Surly you must be able to do something. this is a business, you reserve the right to refuse service to anyone. so if a third party report is reasonable, you should take action. Currently the "do nothing policy" is killing dA, as some of the most poplar images of certain categories are stolen from other media, and currently inhabit top spots that working artist should have available to them. How long before we're over run with that garbage?
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:iconfalloutwoman:
FallOutWoman Featured By Owner Feb 10, 2013  Student General Artist
Can you please do something about slander on this sight. There is a deviant that I have a good case against and I would like to fight them in court.
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:iconshadow-pikachu6:
Shadow-Pikachu6 Featured By Owner Feb 10, 2013  Hobbyist Digital Artist
Does anyone know where the news articles are?? I'm getting sick of having to submit journals for everything DX
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:iconhaldron:
haldron Featured By Owner Feb 10, 2013
News and journals were merged into the new journal category system. :)
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:iconsublime-feline:
Sublime-Feline Featured By Owner Feb 9, 2013  Hobbyist Digital Artist
I've really not much of a comment on this because I won't know how efficient it actually is until I've used it myself. I know that you (dA) have been pretty quick in responding to tickets I've submitted to you in the past so if this way is better than I can only conclude that it must be good!
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:iconleichenengel:
Leichenengel Featured By Owner Feb 9, 2013  Hobbyist General Artist
What about non-copyright holders that stumble upon infringement and also have proof?
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:iconnalafontaine:
NalaFontaine Featured By Owner Feb 10, 2013  Student General Artist
The advice on reporting copyright violations is firstly that you stick to what you know. People who are well knowledged in their fields, the names that they know, the artists that they know, are all the more valuable to have among the diverse range of people reporting. If you aren't all that knowledgeable about a violation, check your sources, give the benefit of the doubt. I've actually seen cases where an "art thief" was the actual author themselves. This is why it's better to not point fingers and make announcements. Reporting is anonymous. You do what you can and should probably not do more than that. As they say "leave it to the professionals"
The second most important thing about reporting is to have patience. It's been established that there is indeed a backlog. Just hang in there and the report will come around to getting processed. What was updated here was simply providing "the" fastest possible method which is only applicable under certain conditions. No we may not be the copyright holders of what we report, but that doesn't mean we are forbidden from reporting other people's work.

It's also handy to have brought out more information on what it means for something to be 'copyrighted' and I hope it helped enlighten a few more people.
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