I read the first post and I really see nothing new as a gamer and an artist. It states submitting things to EME. Generally, when you submit something to a company, you are giving them the right to use it and cannot claim it as your own. A friend sent his idea for a story to Disney; he has forfeit his right to claim that the story belongs to him. Same idea applies here. You also, usually, see this spelled out more clearly when submitting work in things like contests.
Fan art. As an artist, you own your STYLE. You are drawing copy written content. Again, from the first post, nothing stated there is new. People are just seeing what it means since it seems slightly more spelled out than what other companies post up.
I read the first post and I really see nothing new as a gamer and an artist. It states submitting things to EME. Generally, when you submit something to a company, you are giving them the right to use it and cannot claim it as your own. A friend sent his idea for a story to Disney; he has forfeit his right to claim that the story belongs to him. Same idea applies here. You also, usually, see this spelled out more clearly when submitting work in things like contests.
Fan art. As an artist, you own your STYLE. You are drawing copy written content. Again, from the first post, nothing stated there is new. People are just seeing what it means since it seems slightly more spelled out than what other companies post up.
Your friend will still have copyright because he is the original creator. The only way he would forfeit these rights is if he submitted in a way that he agreed to forfeit them. But that is off topic.
I read the first post and I really see nothing new as a gamer and an artist. It states submitting things to EME. Generally, when you submit something to a company, you are giving them the right to use it and cannot claim it as your own. A friend sent his idea for a story to Disney; he has forfeit his right to claim that the story belongs to him. Same idea applies here. You also, usually, see this spelled out more clearly when submitting work in things like contests.
Fan art. As an artist, you own your STYLE. You are drawing copy written content. Again, from the first post, nothing stated there is new. People are just seeing what it means since it seems slightly more spelled out than what other companies post up.
Your friend will still have copyright because he is the original creator. The only way he would forfeit these rights is if he submitted in a way that he agreed to forfeit them. But that is off topic.
It was submitted under the same guise as the rules above. By sending it to ___ company, you are giving up your rights of ownership. I purposely used Disney as an example because there have been other replies to people from the company that if they chose to use their work, they could not claim it to be theirs.
You have to register and pay for copyrights. Just because you "made it first" doesn't mean you are automatically entitled to copyright protections.
Who is going to argue with a company that can hire the greatest lawyers in the world? You can ask Osamu Tezuka, creator of Kimba the White Lion (even though that case is completely different).
I read the first post and I really see nothing new as a gamer and an artist. It states submitting things to EME. Generally, when you submit something to a company, you are giving them the right to use it and cannot claim it as your own. A friend sent his idea for a story to Disney; he has forfeit his right to claim that the story belongs to him. Same idea applies here. You also, usually, see this spelled out more clearly when submitting work in things like contests.
Fan art. As an artist, you own your STYLE. You are drawing copy written content. Again, from the first post, nothing stated there is new. People are just seeing what it means since it seems slightly more spelled out than what other companies post up.
Your friend will still have copyright because he is the original creator. The only way he would forfeit these rights is if he submitted in a way that he agreed to forfeit them. But that is off topic.
It was submitted under the same guise as the rules above. By sending it to ___ company, you are giving up your rights of ownership. I purposely used Disney as an example because there have been other replies to people from the company that if they chose to use their work, they could not claim it to be theirs.
You have to register and pay for copyrights. Just because you "made it first" doesn't mean you are automatically entitled to copyright protections.
Who is going to argue with a company that can hire the greatest lawyers in the world? You can ask Osamu Tezuka, creator of Kimba the White Lion (even though that case is completely different).
False. As long as you live in a country where the Berne Convention(which is pretty much world wide) is in effect you receive copyright as soon as the pen hits the paper. If I write something I hold copyright to it. Any created works(excluding film and cinema) has copyright, people pay for copyrights because it is a paper trail proving they are the original creator and it allows the copyright to extend past the provisions that this automatic copyright puts into place, and it allows them to defend themselves in the event that someone claims infringement.
That is why these companies include these clauses saying you hand over your right to ownership.
But to your last point, some people do argue, but most see it as a causeless effort and just walk away.
I read the first post and I really see nothing new as a gamer and an artist. It states submitting things to EME. Generally, when you submit something to a company, you are giving them the right to use it and cannot claim it as your own. A friend sent his idea for a story to Disney; he has forfeit his right to claim that the story belongs to him. Same idea applies here. You also, usually, see this spelled out more clearly when submitting work in things like contests.
Fan art. As an artist, you own your STYLE. You are drawing copy written content. Again, from the first post, nothing stated there is new. People are just seeing what it means since it seems slightly more spelled out than what other companies post up.
Your friend will still have copyright because he is the original creator. The only way he would forfeit these rights is if he submitted in a way that he agreed to forfeit them. But that is off topic.
It was submitted under the same guise as the rules above. By sending it to ___ company, you are giving up your rights of ownership. I purposely used Disney as an example because there have been other replies to people from the company that if they chose to use their work, they could not claim it to be theirs.
You have to register and pay for copyrights. Just because you "made it first" doesn't mean you are automatically entitled to copyright protections.
Who is going to argue with a company that can hire the greatest lawyers in the world? You can ask Osamu Tezuka, creator of Kimba the White Lion (even though that case is completely different).
False. As long as you live in a country where the Berne Convention(which is pretty much world wide) is in effect you receive copyright as soon as the pen hits the paper. If I write something I hold copyright to it. Any created works has copyright, people pay for copyrights because it is a paper trail proving they are the original creator and it allows the copyright to extend past the provisions that this automatic copyright puts into place, and it allows them to defend themselves in the event that someone claims infringement.
That is why these companies include these clauses saying you hand over your right to ownership.
But to your last point, some people do argue, but most see it as a causeless effort and just walk away.
Yes, but while a copyright belongs to the original creator, it may have been surrendered in the form of either an exclusive license, You can be, at that point, prevented from creating copies of your own work. It's fine if it's in your basement, but if you make a copy, you violate the exclusive license.
It's also better to take an exlcusive license to reproduce the work than to OWN it. Being owner of something as its own problems. If you own something that is not entirely yours, such as the case in tera fanart, and you grant others licenses without consent from the those parties that hold Intellectual Property in your fanart (in this case Bluehole), you are liable for all damages incurred. Whereas the holders of the license may not be held entirely responsible as they are operating according to your license, and may or may not have realized that your license ignored other IP holders.
You can prevent this entire fiasco of violating Bluehole IP by getting direct permission from Bluehole, or erasing all parts of your art that violate Bluehole's IP... but in the latter case, you wouldn't be left with much....
I read the first post and I really see nothing new as a gamer and an artist. It states submitting things to EME. Generally, when you submit something to a company, you are giving them the right to use it and cannot claim it as your own. A friend sent his idea for a story to Disney; he has forfeit his right to claim that the story belongs to him. Same idea applies here. You also, usually, see this spelled out more clearly when submitting work in things like contests.
Fan art. As an artist, you own your STYLE. You are drawing copy written content. Again, from the first post, nothing stated there is new. People are just seeing what it means since it seems slightly more spelled out than what other companies post up.
Your friend will still have copyright because he is the original creator. The only way he would forfeit these rights is if he submitted in a way that he agreed to forfeit them. But that is off topic.
It was submitted under the same guise as the rules above. By sending it to ___ company, you are giving up your rights of ownership. I purposely used Disney as an example because there have been other replies to people from the company that if they chose to use their work, they could not claim it to be theirs.
You have to register and pay for copyrights. Just because you "made it first" doesn't mean you are automatically entitled to copyright protections.
Who is going to argue with a company that can hire the greatest lawyers in the world? You can ask Osamu Tezuka, creator of Kimba the White Lion (even though that case is completely different).
False. As long as you live in a country where the Berne Convention(which is pretty much world wide) is in effect you receive copyright as soon as the pen hits the paper. If I write something I hold copyright to it. Any created works has copyright, people pay for copyrights because it is a paper trail proving they are the original creator and it allows the copyright to extend past the provisions that this automatic copyright puts into place, and it allows them to defend themselves in the event that someone claims infringement.
That is why these companies include these clauses saying you hand over your right to ownership.
But to your last point, some people do argue, but most see it as a causeless effort and just walk away.
Yes, but while a copyright belongs to the original creator, it may have been surrendered in the form of either an exclusive license, You can be, at that point, prevented from creating copies of your own work. It's fine if it's in your basement, but if you make a copy, you violate the exclusive license.
It's also better to take an exlcusive license to reproduce the work than to OWN it. Being owner of something as its own problems. If you own something that is not entirely yours, such as the case in tera fanart, and you grant others licenses without consent from the those parties that hold Intellectual Property in your fanart (in this case Bluehole), you are liable for all damages incurred. Whereas the holders of the license may not be held entirely responsible as they are operating according to your license, and may or may not have realized that your license ignored other IP holders.
Oh of course agreements can alter this, ONCE you enter them. I was simply stating that if you create something it is yours by default. You have to opt into an agreement like this.
Fan work to my understanding has always been a sticky subject because you are creating work based on work that isn't yours, and while most companies don't mind when fans do it and release it for free, they can and have sued when people have started to profit from it or over stepped boundaries.
Hempboy - as the original OP you have made your point, but you have overlooked a point.
First off this post was made to draw attention because of an issue with art that was not fan art related at all. When a problem arose, the artist contacted EME and was linked instantly the ToS - which caused more questions and concerns.
This thread's purpose was to make artists aware of the ToS and issues they may possibly face if they run into problems that may require assistance from EME.
Yes, I agree that if you have ZERO fanart in your concern, then the bluehole IP speech need not apply. And I understand that you may or may not have concerns over things like guild emblems etc which contains absolutely ZERO tera content (eg. an anime picture like what touch fluffy tail has). But, I trust you will agree that:
1) You have agreed to a TOS/EULA when you installed the game, so this is just backpaddling now, after you legally surrendered your rights.
2) Unfortunately, for Tera to be able to USE a guild emblem IN-GAME, it would effectively be displayed and distributed IN-GAME, and hence represents a scenario where you could sue EME for unlicensed use of your interllectual property. SO this TOS statement is a defensive precausion, and is working as intended.
And of course, in Real Life:
1) you may have lost your exclusive license to EME by posting it, and agreeing to EULA/TOS, you may never be pursued by EME for violation of this when you post it elsewhere (unless it becomes a significantly financially rewarding venture)
2) Tera Administrators: EME/Frogster/Bluehole, may have no interest in pursuing you in most cases since it can lead to bad press.
3) like you said, spreading it around is good press
<b>So in Conclusion </b>
1) This thread is a waste of your time, you have surrendered the exclusive licenses to your art already. EME is not returning your license, especially if you use it in an in-game scenario.
2) This thread is a waste of your time, as per point 2&3 above, as real life scenarios present additional roadblocks for EME to pursue action against you. It's like in canada, polygamy is legal by constitution, but illegal by law, and since the constitution is mostly above the law (except when it's explicitly defined not to, according to a non-withstanding clause), so if you have multiple spouses, you are a criminal, but it will be hard for the government to find cops to arrest you and persecute you due to controversy. ie. you can do whatever you want with your art still.
3) The PR Manager Batgirl (although to the best of her ability in her position), has granted some personal promises which are very reassuring, are not legally binding in anyway. But they are doing their best. So you can still post your art here, and then elsewhere.
4) If ownership is something you really really really care about, you would have gotten your art notarized when it was created, and read the rules/TOS to every place you post. Like I said, it's the internet, as soon as it gets on here, your ownership is at best.... ambiguous
Oh of course agreements can alter this, ONCE you enter them. I was simply stating that if you create something it is yours by default. You have to opt into an agreement like this.
Fan work to my understanding has always been a sticky subject because you are creating work based on work that isn't yours, and while most companies don't mind when fans do it and release it for free, they can and have sued when people have started to profit from it or over stepped boundaries.
Yep, when you created something at time = 0, it certainly is yours. unfortunately in the case of this thread, people already entered into an agreement with EME.
It's not just fan work. This is the whole poopstorm caused by PIPA/SOPA to define crime and punishment for internet IP infringement (and they hit people as well as corporations)
Take google... they scan private servers (owned by individuals and corporations), and they display the information that you are looking for on their site, google only has agreements with companies that advertise through them, every internet search results in google causes a billion counts of infringement when the results are displayed. Same applies to youtube, etc.
and it is a sticky subject. :(
Internet without regulation: crime everywhere (I sell Hemp on VoT, yes, pm me for hemp)
Internet with PIPA/SOPA type strict catholic boarding school style regulation: people in cages
I do not view this thread as a waste of my time. I am not attacking EME.
I agree with you that the ToS is set up for them to be able to cover their own skin for certain situations. Which in today's situations with copyright law is smart of them.
The purpose of this thread is to make artists aware before they post/submit for what it can mean for them. Awareness is not a bad thing and if anything can help a community to move forward in a more positive direction.