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BKennedy-Photography

DO NOT USE MY STOCK
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Hey watchers :)

3 min read
I hope most of you are watching my journals, so there will be less confusion in the future!

If you've been around the last week, you've heard about the big brouhaha the stock community found itself in suddenly. Sorry about that... but not completely sorry. I'm incredibly heartbroken to see some amazing stock artists leave, but I completely understand their decision (I made the same). It was never my intention to cause any hard feelings in a community I love so much.
BUT...
At least now most everyone is on the same page. Stock artists now know for certain that in order to deal with a violation of their rules, they should contact the Help Desk with a Policy Inquiry ticket, leaving out anything about copyright. Staff is happy to help you, so long as they get the right sort of report. I wish it hadn't taken such a struggle to get that information, but it's public knowledge, so I hope it helps.

But I am leaving that all behind. I am still sticking with my decision to no longer offer stock on deviantART. I feel it's the best choice for me, since I do not completely understand dA's viewpoint on stock, the DMCA, and how they're connected. It's not that I want dA staff to be wrong, but I have to see plain and compelling proof. It's just how I am - I hope no one holds that against me. It's how I learn, it's how I am (and I'm not even from the Show Me state :lmao:).

Anyway, since I will no longer be offering stock, I completely understand if you wish to remove me from your watch. I am probably going to change the account name and make this my photography account (keeping my digital art and photography separate). This means, of course, that anything found on this account will not be stock! There will be no hard feelings at all if we part ways :nod:

Like I said, I love the stock community. Where else can you find so many generous and talented people, who band together like y'all do? :heart: I have no hard feelings against any of the staff, any of the Community Volunteers or any of the artists who have properly used my stock! You guys rock and I am so honored to have been a part of your creative process! :love:
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Stock Artists:

4 min read
If you find your stock being used without credit and notification, send a ticket to the Help Desk. Do not use the Intellectual Property (DMCA) option - for exact reasons unknown, here on deviantART it does not cover this situation. 

When you fill out the ticket, avoid referring to it as a copyright violation. Regardless of how you might view such a violation, it apparently limits the staff's ability to deal with the deviation. Just clearly state that the user has violated your terms, how they have done so, and link to the violating work and your rules. This should be the easiest and fastest way to get the violation removed. 

Update: realitysquared has a journal addressing this situation: 
Clarifying an Issue with Stock ResourcesThere appears to be a fair amount of misunderstanding on the subject of stock resources so what I would like to do today is attempt to clarify several issues which are of importance to the artists who generously provide stock resources to the public for use and hopefully dispel the confusion and misinformation which is beginning to circulate.
The first issue at hand is in regards to your personal stock terms


Your Personal Stock Terms
Officially deviantART maintains only one "automatic" restriction and that is "No Commercial Use" and that particular restriction can easily be overridden by the actual stock provider.
As far as official policy is concerned each stock resource provider is free to attach any Terms of Use, restrictions or requirements that they see fit and our moderation staff will do the best we can to help you enforce your rules when you need that sort of assistance.
We only ask a few things from you in return;
P

Also, take a look at your rules. Think like a lawyer - can any of your rules be seen as a request? I know many of us have used the word "please" in our rules in an attempt to not come across as some sort of hard-ass jerk, but unfortunately, it makes us look like we are merely requesting compliance, rather than making it an absolute requirement. Your rules should firmly state what is required from the artist if they are to use your stock. For example, if you want to be credited and notified, say something to the effect of "I require credit and notification" rather than "Please credit and notify me". 

Our stock rules are considered a contract here on deviantART, therefore, make sure you are covering yourself with those rules. Be firm, be specific, be thorough. 

CelticStrm-Stock has proposed an idea which all stock artists should read over and discuss. You can find the journal here:
Stock Use Guidelines and ThoughtsHiya Darlings,
So I've been thinking, and I'd like your opinion on it as well. Some of you may be aware of the recent situation regarding our Co-Founder of The-Stock-Directory, BKennedy-Photography regarding stock terms and violations of them. Personally, the way I see my terms, is that they are a contractual agreement that the artist agrees to abide by when they download my stock. This type of agreement-by-download is common practice on many other stock focused websites. I've been mulling over this situation since Brin first mentioned it. I wanted to think about it before I said anything.
What struck me though, was a comment on EveLivesey's journal: http://fav.me/d6izp76 by our $taff member fourteenthstar: "It's not that we don't want to help out in such situations, it's simply that we do not have the resources to monitor and ensure compliance with potentially millions of different stock permissions."
It is entirely understandabl
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Stock Artists:

2 min read
According to deviantART $taff, you are NOT protected by the DMCA. Users are allowed to use your work without following your rules - that includes credit and notification. They will not remove your work for "perceived violation of your terms of use for the material which you made available in a gallery area devoted for use by other creative individuals." According this statement, since we have offered our work as stock, we are giving up any copyright protection.

This is why I am done. This is why I will no longer offer stock on this site. If you have downloaded my stock, DO NOT USE IT. Any and all works posted on or before 08/19/2013 are safe and permitted - so long as they adhere to my rules. No further use of my stock will be allowed. I will report any other works after this date. I apologize, but I cannot deal with this stance. I am done.

I appreciate each and every person who has legitimately used my stock - it has been an honor to be a part of your creative process, it truly has. 

To those who would use stock without following the rules of each stock artist, go copulate yourselves with a broken broom handle.

Update: The offending work has finally been removed - thank you, $taff.

I am hoping that this mess will bring about a conversation amongst the CEA team, that will lead to a clear, well-advertised method for stock providers to use when they find their rules being violated. There is currently no option under the reporting options, nor can we use the Intellectual Property (DMCA) route. 
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Well, sorry...

1 min read
But it looks like I will no longer be offering stock.

An artist used my stock three years without credit and without notifying me. They also have offered it as a print. deviantART staff seems so far unwilling to remove this work for me. Thanks to this situation (as well as the usual), I am pretty much done.

If you have already downloaded my stock, you may still use it, so long as my rules are still followed. That means I must be credited and I must be notified! 
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This was a tough contest to judge! There were 21 entries :faint: I didn't expect that level of participation, so thank you! :clap:

First place is AnjaMillen with "His Spirit"  His spirit by AnjaMillen
This was definitely an unexpected style and it was executed very well! :clap:

1st place - 
750 points from BKennedy-Photography (includes generous donations by EveLivesey and boldfrontiers)
3 exclusive stocks from BKennedy-Photography
3 of my exclusive collaboration stocks with boldfrontiers 
3 premium stocks from DamselStock
1 exclusive stock from EveLivesey

Second place is sonjagatetodreamsart with "She brings Light in the Night"  She brings Light in the Night by sonjagatetodreamsart
I have elf ears :giggle: This has a lovely Midsummer Night's Dream feel - magical!

2nd place - 
500 points from BKennedy-Photography (includes generous donations by EveLivesey and boldfrontiers)
2 exclusive stocks from BKennedy-Photography
2 of my exclusive collaboration stocks with boldfrontiers
2 premium stocks from DamselStock
1 exclusive stock from EveLivesey



And third place is Kallaria with "La Dame aux papillons" <da:thumb id="390724849"/> 
A simpler work, but I love the use of the monochromatic palette and light - well done!

3rd place - 
250 points from BKennedy-Photography (includes generous donations by EveLivesey and boldfrontiers)
1 exclusive stock from BKennedy-Photography
1 of my exclusive collaboration stocks with boldfrontiers
1 premium stock from DamselStock
1 exclusive stock from EveLivesey


And I have some Honorable Mentions, because seriously, you guys really made this difficult to choose!

:bulletblue: CaseyBelle with "L'esprit de Rose Rouge Chateau"  L'esprit de Rose Rouge Chateau by CaseyBelle 
This works definitely had a lot of thought put into it! Based on Stephen King's "Rose Red", one of my favorites of his works - Casey hit all the right notes with hers!

:bulletblue: pjenz with "Moonlight"  Moonlight by pjenz
I absolutely love how she integrated the background. And dude, I totally want that hair! :D This is a great concept that given time will be amazing.

:bulletblue: Diego-Maenza with "Brin Kennedy Portrait"  Brin Kennedy Portrait by Diego-Maenza
This is a fantastic retouch - he kept it subtle and realistic, with a touch of glamour. 

Once again, thank you to all who participated! You made a rough couple of weeks much better! :love: 
Winners, please contact me regarding the exclusive stocks :D








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