So I was reviewing the rules regarding copyright for artistinal and bardic submissions and came across a discrepancy.

HELP BARDIC:
All submitted works of whatever nature become the sole property of Iron
Realms Entertainment, LLC, with all copyright assigned to Iron Realms
Entertainment, LLC.
NOTE: The reason for this is that we wish to be eternally free to display
winning works on our website. If you still have a problem with this,
consider that the only works that will win are ones that have something to
do with Lusternia, and you couldn't sell those anyway. We don't mind you
also posting the art or stories on your website however.


However, from the website (which is more visible to the general public):

At the bottom of any artistinal image:

The content presented here is copyright the shown author or artist as set forth in the agreement made when the work was submitted. However, neither Iron Realms Entertainment nor any of its affiliates make any claims about the work's legitimacy or legality. If this copyright is invalid in any way, please contact us immediately.

http://www.lusternia.com/irex/artbard/submit.php?type=a

3.)You hereby grant Iron Realms Entertainment LLC (the "Licensee") a royalty-free, perpetual, non-exclusive, sub-licensable, worldwide, irrevocable license to use, alter, publish, distribute, display, or perform any of your Content in any and all media currently known or developed in the future.


Sooo.... which is it? If I submit a piece, do I retain copyright and just give IRE an unlimited license? Or do I transfer all rights to IRE? Or are they somehow the same thing (I don't think they are, but it's a possibility).

I'm also interesting in knowing for the Art contests: Is the image you submitted to Iron Realms the one they claim rights on, or is it the original piece you own? Cause most of the pieces we submit are shrunk down and may look different from the original. It really does make a difference, because if Iron Realms truly has all rights to your work (especially the physical work) they would have a right to make you send it to them if it ever came to that. If they don't own the originals then you would have the right to sell to someone who would not be using it for a commercial reason

in my understanding, you are signing over rights to them so they can (fairly) use your art/writings to show, display, or create anything Iron Realms sees fit, within the limits of the company. Which makes sense in that everything -you-, the artist, are creating is trade marked to Iron Realms (names of lands, guilds, divine, etc) so at its core, you are given permission to draw or write about something that someone else has created, for creative purposes, and in return they have the right to display said work. You own your art, but they own any name or reference to the game inside that art, so you can't sell it.

That is how I am reading it anyway.

That's how I read it too, but there are some artists, like comic book artists, who sell off their original work that's based off of characters owned by said companies. I don't know all of the details behind this. Maybe these artist give the publications some sort of compensation from this to the companies that they worked for. It may just be a time lapse between when the drawing was submitted to when it was sold.

I'm not saying that I'm even thinking of selling my art, I'm just interested in what the rules are in this case. I'm also interested in which rules apply as asked in the first post here, because it applies to both Artists and Bardics.

psst, it doesn't matter. No lawsuits will come from IRE

Even so, I'd rather stay legal. And yes, I do feel that there is a distinction between the copyright being in my name and the copyright being in IRE's name, regardless of how the legalese lets the material be used.

email support then, they can give you a real legal answer.

Meh. Legalities.

All work submitted to IRE becomes property of IRE, unless otherwise noted or advised by their attorneys. You do, however, retain rights to the original design and may use it in any noncommercial work i.e., in any non-monetary way. They can be used in your professional portfolio, in other words. The "pay off", if you will, is the awarding of credits to your player account, which grants them the full power of ownership and propriety in all uses, manners, and jurisdictions. As long as something can be traced to monetary value, in this case the awarded credits, the Terms of Application apply.

If you did not win (thereby meeting the "pay off" portion of the Terms of Application), however, then the legalities are thereby dismissed and the work retains your name and is still your property by all legal rights and legislation.

Does that clear it up?

Edit: At actually looking at the website, there's a small loop hole. They're claiming all work, not just those who win. Not sure where they're meeting the pay off portion of the ToA. I only know USCRW law and regulations, so this isn't exactly my forte.