At 3/20/24 12:57 AM, tox wrote:Alright, I have a question for my betters regarding copyright
I will not be flagging this submission myself
https://www.newgrounds.com/portal/view/922508
https://www.freepik.com/ advertises itself as a free to use website, and freepik.com even gives you a big and bold download button near pictures, not to mention the online editor
A search through the terms of service of freepik.com shows that freepik.com owns all materials, intellectual thoughts, and everything that is posted to the website
freepik.com is free toBy uploading any User Content to the Service, you expressly grant, represent and guarantee that you have all necessary rights to grant the Company a multi-use, sub-licensable, transferable, perpetual, irrevocable, royalty-free, non-exclusive, worldwide license to use, reproduce, publish, communicate to the public and distribute all User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and the business of the Company (and its successors and affiliates), including without limitation to promote and redistribute part or all of the Service in any format and through any media channels, including any third party with whom the Company may partner.
but you wouldn't know that unless you went looking for it because... well... freepix.com, download, edit, share buttons
smells like AI art, viruses and tracking cookies if you ask me
The linked game features SOME art taken from freepix.com. Is that against the rules here on newgrounds?
On the surface it's free, they encourage users to download and use materials freely
This is a standard use license for every site that hosts user content. It means that freepik.com is allowed to host the content on their servers, generate thumbnails, and have it be shown on people's browsers regardless of where they're accessing the site from in the world or what device they use to do it, without having to pay a license fee to do so.
If you look at the Terms of Service of sites like Imgur, Reddit, Twitter, Tumblr, Discord, etc., they will all ask the same thing. It doesn't mean they own all the rights to everything. In fact, this is from the same section you quoted, but at the start (emphasis mine):
Some areas of the Service allow Users to upload and use content such as [list of examples], or to create new content by the User (“User Content”). The User retains ownership of his or her User Content, and understands that he or she is entirely responsible for all such User Content, including the Intellectual Property Rights of third parties incorporated therein.
And here's this section of Newgrounds's terms:
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Newgrounds, you hereby grant Newgrounds a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Newgrounds Website and Newgrounds's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Newgrounds Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Newgrounds Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Newgrounds Website.
What does the part mean where "You also hereby grant each user of Newgrounds" the same rights? It means I can favorite your art and have a thumbnail of it show up on my profile under my "favorite art" section. Or feature your art in a news post, or suggest your art in the Art Front Page Suggestion Thread. All of that involves me using the intellectual property you uploaded to Newgrounds in some way, while also transforming it in the process (thumbnails don't look like the art you submitted - they're much smaller). It doesn't mean I own your stuff now, or that you no longer own it yourself.
It all sounds very nefarious but that's because it's written in lawyerspeak.
At 3/20/24 02:03 AM, tox wrote:At 3/20/24 01:35 AM, tox wrote:At 3/20/24 01:26 AM, Exedor wrote:At 3/20/24 01:16 AM, tox wrote:after humming and hawing, I'm siding with caution and flagging it after all
Ok, but why?
why flag it?
when it all boils down, freepik.com as an entity owns the digital files that are being submitted through the game
the user does not have free use of the materials even if freepik.com is encouraging users to download materials and content. freepik is paying to store that file, they own that file
The rule that I'm going for is the inclusion of photographs, (art pieces) that the author did not create
/edit
NOPE!!!!
I'M STAYING MY COURSE!
terms of service:
section V. user submissions
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights,
thank you Exedor, your poking makes me a better person here
This means you have to own the copyright to the content you submit to freepik.com. You're not allowed to submit images that are copyrighted by someone else.