Licensing concerns

2 min read

Deviation Actions

ImaginaryZ's avatar
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After carefully reading the DA licensing agreement; Things seem well, being protected to freely display work with some light legal shield to discourage copying.

However, I'm forced to consider that that work I do is indeed "offensive" to particular parties; Other than that fact, is the work a derivative of other peoples work? This is also true.
So, let's take barbftr.swf; something I did in fact completely make myself.
1. The characters are traced/based on images, some of them.
2. The work is offensive due to it's evocative nature

Section 7.c "the Artist Materials (and deviantART's use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,"

Section 7.f "the Artist Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws,"

The question then is defining "how badly" I violate the terms of use, and if at all. Section 7.c means I can't deface religious or spiritual articles (like no 5 toed noodle dragons) and 7.f generally means nothing that'll cause a problem if the wrong uptight citizen gets a hold of it. Which, is inevitable.

Does this mean disclaimers are required? If I intend to post adult content, is it sufficient to let the defacto warning get through? Or because this would be considered "fetish content" do the rules change?

I'll say, if I provide a standard, simple to read warning label to all of my vore work, to be displayed for a set time or to require a specific action, that should be sufficient, judging there are others with the same problems.

Or I could just "do it" and ask forgiveness later.

-Z
© 2010 - 2024 ImaginaryZ
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RaeThalis's avatar
Very late reply, but Vore in itself isn't anything sexual, pornographic, or whatnot. Some people just make it that way, and considering the vast amount of that sort of vore (PRIME example: 97% of Eka's Portal), most folks take one look at the genre and get the feeling that all of it should be lumped together with sexual stuff or be classified as such. It isn't.

Possibly offensive? On the internet, what isn't. There will always be someone who wants to troll an artist or group of artists for either amusement, or because they hate the subject in question. Some folks are very sensitive over the smallest things, and let their emotions go out of control.

Tracing something for a little flash game would hardly impose on DA's ToS unless it is quite clear what you traced it from. In my view it would be the same as modeling a hallway with a corridor to the right and some windows a little further down because you were inspired by a similarly built hallway - the end result will of course be different, but they're based on the same design.

A little "disclamer" will be good to have, however, despite not seeing any clear references to any particular artist/game in your vore flash game here.