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DAZ Productions, Inc.
224 S 200 W, Suite #250
Salt Lake City, UT 84101
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© 2024 Daz Productions Inc. All Rights Reserved.Daz 3D is part of
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DAZ Productions, Inc.
224 S 200 W, Suite #250
Salt Lake City, UT 84101
Licensing Agreement | Terms of Service | Privacy Policy | EULA
© 2024 Daz Productions Inc. All Rights Reserved.
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How do you know what intentions all those included in getting the right to publish and trade (=sell) your personal information, have?
It would be quite easy to reformulate the rule to something that would be acceptable and still would grant DAZ the right to publish information that one chooses to allow them to publish.
No sense in arguing, I'm not paranoid over this. My suggestion, although you surely made the decision already, is to just not enter the contest.
I am fully in line with PerttiA.
Daz could have stated things relevant for the contest. Not an open-ended list of things they have the right to.
Creatives who have enough money PAY people, hire people to do their social media, marketing and PR. They WANT their bios and art and photos of themselves out there for others to see. They want to do media interviews and podcasts. Publicists hound journalists to get their clients’ press releases in print. They WANT followers. They want people to know their name and see their work. If you really don’t want anyone to see your art or know anything about you, just don’t enter. Or a make up a pseudonym name. I really don’t understand what the issue is...
There's also a small matter of General Data Protection Regulation (EU) 2016/679 (GDPR) to consider, when handling personal data of individuals located inside the EU.
https://en.wikipedia.org/wiki/General_Data_Protection_Regulation
https://eur-lex.europa.eu/eli/reg/2016/679/oj
...Although the fines are just up to 20 000 000 euros or up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.
All it is saying is that they don’t have to PAY you when they post your image. It says your name, photo and bio will be attached to it. I’m sure Daz would be fine with using your artist name and maybe a render instead of a photo of you if you’re wanted by the FBI or something. Make up a bio. You live alone with your dog Sparky and are a Star Trek fan. Whatever. No one really cares. The main point they’re concerned about is that they don’t have to pay you. They are not asking for your social security number as far as I can see. They are not asking for any “data” on you.
Whether by choice, necessity or by requirement people chose to leave as light a digital fingerprint as possible, why do you feel the need to shame people about that? You don't have to be "wanted by the FBI" or anyone else to chose not to have a large digital fingerprint. You chose to have a large fingerprint and that is fine, please stop trying to justify the need to everyone else that chooses not too. We are not paranoid or wanted, it is a choice, just like choosing to have coffee or tea in the morning.
If that's all they are after, then it isn't a big deal for them to rewrite the rule accordingly.
As the rule is written at the moment, not only is it unreasonable in it's scope, but also in serious breach of GDPR.
"They are not asking for any data..." They don't have to ask, since the Rule 8 gives them (and anybody they "trade" your information to) the right to go and find whatever information they want and publish it without informing you or asking for your permission.
What digital footprint? Use a fake name, photo, bio. That’s not what Daz cares about. Daz only cares that you will not demand payment for use of your image in their promotion. They don’t want you to sue them for using your image. That’s all they care about. If you don’t want your art used in their promotion, just don’t enter. Or enter and if you win, tell them you want to use a fake name, bio and photo or you can’t accept the prize. Seriously, this is not about you, it’s about them protecting themselves from getting sued.
No it isn't about me, it is about the way the rules are written that allows daz to sell/trade personal information for people that enter this contest. Why is it so important that you feel the need to force your viewpoint on this matter to those of us that don't agree with it?
To bring this back to mind. While we all, meanwhile, know that whoever writes recently the public announcements and promotion texts often messes them and their meanings up, this rule 8 is something else.
The little word trade in the last part of the paragraph implies that by participating, you give DAZ 3D, in fact, the rights to monetize your entry, including your biographical information (whatever that exactly is as it lacks specification) and also their successors and assigns and licensees in perpetuity.
While it is understandable that DAZ Productions Inc. wants to include its successors and assigns, it could also mean something akin to licensees.
If they licensee your entry (including biographical information), they will surely not do that for free, or do you assume DAZ 3D will give away their licenses for good?
Also, DAZ 3D reserves itself the right to assign the "ownership" of your forfeited rights on your entry (including your biographical information) to someone else; and assigns typically happen by monetary compensation.
Both options, licensees and assigns, COULD mean that the rights you granted to DAZ 3D will end up by someone else who then has the rights to use your entry (including biographical information) FOR TRADE without the need to compensate you.
And to point it out, making an NFT out of your entry and trade it on some dubious marketplace in crypto-space would also be sanctioned according to rule 8.
If you're not comfortable with the Official Rules, don't enter the contest. That's the take-away of all contests.
Don't worry, Torquinox; you do not need to stand my art. I will not enter, and I deleted my DAZ gallery, not just out of a whim.
I will probably enter even though I'm completely a blank on inspiration for the theme that isn't going to look like a typical iray render of a typical comic book barbarian & magic scene. Even the professionals, if you do a image search on the topic, essentially do the same storyboard, over & over & over again. Am I going to better then they did? No. And I'm completely dependent on their prior art examples to even know what I should try to set of to have a proper render that adheres thematically to the required theme. However, 9 chances for 9 nice prices, is worth a shot at winning by me submitting an uninspired render or two.
Not what I meant. Too often, contest rules are objectionable and the promotional value is dubious (unless you win). I like your work.
Sorry, I assumed that it was not pointed against me. I am a very ironic/sarcastic dude, and sometimes I should really colorize my words accordingly. ;)
I just wanted to say that I decided a long time ago not to upload any images or participate in contests here anymore, although I am complaining about rule 8. So even if they would change it, I would not enter.
And thanks.
This is a conversation where the loss of "one" as a viable alternative to "you" is causing issues. Please bear in mind that most people, when writing "you such and such," are making general points rather than addressing you the reader (or even, in many cases, you the person quoted).
Daz wishes to be able to show off the cool images submitted, of course, and to see that the talent of the their creators is properly credited. The rule is a standard enabling clause to make sure there are no snags in that. If you wish to use a nom de rendre rather than your real ID, whether for personal or professional reasons, then we are of course happy to accommodate that. We are not looking to gather data for mining purposes, and doubt if there would be any great potential for mining the data at a later date if some change in the company or its associates, but we do need to be able to work with the data to make sure that the images submitted are going to be properly credited if posted in material that may be partially handled by a separate entity (such as a social media post pointing back to the gallery) - that is why the clause is written as it is.
Thank you Jessica. In that case why not limit the rule to include just the information supplied with the entry?
As it is written now, is "By entering the contest, you grant DAZ, associates, licencees, etc. the right to invade your home for promotional purposes without prior notice or consent until the end of times, without any further compensation." and it isn't the part about "Compensation" that we are concerned about.
Interesting, I get an entirely different meaning from the clause where "for trade" is used. To me, when considered in context of the clause, in it's entirety, it doesn't indicate that they are getting the rights to sell your information, but rather to use your information in the promotion of trade (sales). This seems (to me) to be a fairly standard boilerplate blanket clause for a company that doesn't want to keep individual records on media/marketing materials they use for promotion of their business. I'm sure we could argue semantics here all day long (I wont), but the nesting of "for trade" within a clause about advertising and promotion clearly indicates that it refers to the use of the image and information to promote their products and or commercial endeavors (or "trade"), not to sell the information/image.
Just another perspective on this whole debate. For me, there really isn't anything in the rules to make me concerned about entering the contest. The only "bio" I would have associated with my image would be my public "bio", here, at DA, or Renderosity. I'm quite private in real life, but I take the rules to mean the "bio" associated with your image. I will probably will enter using DA, since community response to an image may be used as a judging criteria in cases where tie breakers are needed. My DA account has the most followers, and I get far more views, favorites, and comments than I do here (I do get more comments at Rendo though). My "bio" on DA is, um, nonexistent (same with Rendo), so no worries there
.
For anyone who isn't firmly on either side of this "trade" conversation, or how DAZ (or it's "assigns") might use the image/info I think it might be important to keep in mind that this is a very fluid industry. What will be the real shelf life of an image created today? I'm sure tech capabilities and image quality will improve a great deal as time moves on. Will DAZ (or any parent/sister companies) want to use the winning images to promote their products in 2 years? My guess is NO!! The images will be used to promote DAZ to markets for what can be done with it today. Yes an awesome image stands the test of time, but with any technology related product, you want to show off what your tech can do today, not what it did 2 years ago.
With respect to the digital fingerprint issue. If your concerned about keeping your digital fingerprint to an absolute minimum, then it probably is best not to enter any online art contests. Additionally posting your work on line, participating in forums, etc. is probably not a great idea either (or having a cell phone, etc.). You would be amazed at how "big data" and AI can link the real you to the virtual you now through seemingly unrelated activities on (and off) the net. If you just don't want the average person to be able to link the real you to your digital presence here, then entering this contest probably isn't a huge concern. If you really want to keep your digital footprint to a minimum, simply don't enter any online contests!!
Finally I just wanted to thank DAZ for having the contest, and for the opportunity to enter the contest - without using FaceBook, Twitter, or Instagram! Do I think I will win? No! But I love the theme, and the nice carrots you have dangling in front of my face. It as given me the inspiration to make an image I hope will be a worthy entry, and hopefully something I will be proud of, or at least be able to say I did the best I could!!!
Edit: Daz_Jessica responded while I was preparing my long winded response - sounds like my interpretation of the rules is quite close to her response - Thanks Jessica for dropping by clearing things up a bit.
I don't think anyone is trying to shame anyone else, as you say its a choice, a personal choice.
During the first Seasons Pass contest, it was made clear that the only valid information concerning the contest, is the one written on the rule page - Which incidently still talks about seven winners with the first price being 6 month subscription of ZBrush.
Limiting rule 8 to information supplied with the entry would not take anything away from DAZ, but it would ease the concerns it has raised.
Lastly, not to forget the GDPR which also DAZ has to follow when dealing with personal information of people in the EU. Something that cannot be waived by those rules.
So?...
Parts of this conversation are missing and what you are seeing now changes the context of the conversation. I am going to leave it at that and am not interested in rehashing it one way or the other.
This is a clause from another site [I hope it is okay to cite it!] that has more or less the same intention as rule 8 according to DAZ Jessica's interpretation but DOES NOT raise the same concerns:
By entering this contest, you agree that your submission(s) may be used [...] for promotional purposes. This may include; online, digital, print, on CD, or in any other medium. By submitting your entry into this contest you are granting [...] the right to retain your entry in its archive and to display the entry within this community to promote [...] and/or future contests held.
By submitting [...], you agree that you are authorized to grant [...] the permission to use of your image in print advertising, promotions, or website usage. The Artist will remain the intellectual property holder of their images.
It could be that easy, and nobody would have complained, and DAZ would have all the necessary rights, but apparently, they decided on rule 8 for unknown reasons.
So what are those reasons, for such a complex and lawyeresque formulating, we have to ask?
The concern with rule 8 seems to primarily be about publishing information about the artist, not the artwork itself. What you showed there only covers the artwork. The concern is around privacy of personal information I think, based on what's been posted here.
I think it is a mix of both. It's not alone the biographical information issue but also that rule 8 implies that you grant DAZ 3D, etc., the right to do with your entry what they want in perpetuity.
In the context of how it is written “as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.” TRADE could also mean “trade” publications. Like in the entertainment industry, Variety and The Hollywood Reporter are considered trade publications. So CG or Photoshop related magazines could be considered TRADE magazines.
I don’t know why my print has a grey background here. Anyway, when I worked in the entertainment industry, we had boiler plate contracts similar to this. Some sounded almost sci-fi saying things like in “this universe or any universe yet to be discovered in any medium yet to be discovered” etc.,. There really is nothing nefarious here and they are in fact protecting the artist saying their name, photo, bio will be attached.
I do have a question for @Daz_Jessica though. Can we put a visible watermark with our name & copyright symbol on top of the image? I’m not concerned about Daz stealing anything but others who steal art off the internet.