KiSS: What Are My Rights?

KiSS: What Are My Rights?

On the web, where content is so easy to duplicate, there is a great deal of confusion about the rights of KiSS artists, KiSS fans, and archivists (people who make websites to distribute KiSS dolls made by other people).

In an attempt to clearly define those rights, tea has compiled this document with the help of other KiSS artists and legal counsel.

tea's KiSS website is located at http://www.antagonia.net/philematophobia.html and she can be contacted by writing to pygmalion@antagonia.net.

For any questions regarding this document on The International KiSS Guild homepage, contact Dov Sherman at dsherman@otakuworld.com.

What are my rights? -- right to distribute -- right to remove --usage/property-- questions about templates -- rights for archivists

1) Right to Distribute

As the author of a KiSS set, you retain all rights to distribution of your set.

What does this mean?
You get to choose how to distribute your set. How can you distribute a set?

PRIVATELY

You may distribute a set privately, by emailing it or otherwise giving it out to individuals. Most beta sets are distributed privately.
In this scenario, under no circumstances should any of the recipients distribute the set publicly, unless you give them distribution rights. It is also expected that those individuals ask for permission before distributing it privately, unless you specify that they have distribution rights (I have given distribution rights to other artists in a couple cases: for example, Shaenon Garrity, the author of narbonic, has distribution rights for my Mell set.)
However, no one, including those with distribution rights, may redistribute a set without permission if they alter the set in any way. This includes changing the .LZH filename.

Having "distribution rights" means that the one who has them may distribute a set freely without asking permission of the original artist every time they distribute a set. You may give someone private-only or public-only distribution rights if you so choose. If you give someone else distribution rights, they MUST always credit you when they distribute your work, and they MUST require any public distribution forum in which they distribute your set to credit you, link back to your web site and/or email (as you prefer).

GRANTING PERMISSION TO EMAIL OR POST A SET ONCE OR EVEN MULTIPLE TIMES DOES NOT QUALIFY AS GIVING SOMEONE DISTRIBUTION RIGHTS.

As the artist, you also have the right to rescind (take away) distribution rights from anyone, at any time, for whatever reason. If you write to someone to rescind distribution rights, keep a copy of the email on file so that you can remind them of it later if need be.

PUBLICLY

You may distribute a set publicly, by posting the set to a mailing list, web site, newsgroup, internet club, CD collection, or otherwise giving it out in a way that it is accessible to a segment of the public.
In this scenario, it is expected that the recipients may distribute the set privately. That means that anyone who receives it can email it or otherwise give it out to specific individuals.
However, no recipient may redistribute the set publicly without your express written consent, unless you specify that they have public distribution rights. No one, including those with distribution rights, may redistribute a set without permission if they alter the set in any way. This includes changing the .LZH filename.

The exception to .LZH filename changes: when you post a set in a large archive (like the BKP), it is your responsibility to check and make sure that your name does not duplicate a name already in the archive, and that it conforms to the KiSS GS standards, which require a name of 8 or fewer characters with the standard acceptable characters. If it is incorrectly named or duplicates a preexisting set, the archive administrator retains the right to modify it slightly in the preferred method of that archive. As an artist, you should be diligent in naming your sets so that frequent renaming is not required.

You may also distribute a set publicly with a written request that the set not be redistributed in any manner (public or private).
This request should either be a .cel in the set itself, or should by in the .CNF file or accompanying .TXT file. This is harder to enforce & not everyone reads .CNF or .TXT files, but you can make an earnest attempt.

Anyone who distributes your doll publicly MUST credit you using your preferred name (e.g. "tea," "Megan", "Tiffany, Fashion Doll from Hell," or even "anonymous") and provide a link to your website or email. How they do this is up to you first and them second. If they prefer to have links in a separate place, they must have your agreement that this is okay. If you don't want a link, then of course none need be provided.
If another artist already posts using your preferred name (with the exception of "anonymous"), the owner of an archived may request that you choose a way to distinguish yourself from artists who also use your name.

Of course, as the artist, you may make other stipulations for how your work is distributed. For example, you may require that your work only be distributed in hentai sites that ask for age-check, or require that your work only be distributed with a preview thumbnail.
Your requirements may be as exacting as you like, just understand that the stranger or more difficult to fulfill, the less likely it is that someone will post your doll.

If you work on a collaborative set, you must come to a mutual agreement about distribution among all collaborants. It is best for such an agreement to be made before any work is produced; however, it can be made at any time during and after the actual work of the collaboration. If no mutual agreement on distribution is made, then any collaborant who wishes to distribute the set publicly must gain written permission from all other collaborants, and all collaborants must be credited as described above. It is generally understood that any collaborant may distribute the set privately without permission from the other collaborants.

What are my rights? -- right to distribute -- right to remove --usage/property-- questions about templates -- rights for archivists

2) Right to Remove

As the author of a KiSS set, you retain the right to remove your set or any art from your set from any public forum at any time.

What does this mean?
You may remove your set from any forum (web page, file server, Internet club, or other) which acts as a channel for public distribution of KiSS sets.
You may do this at any time, simply by requesting that the set be removed. You may remove the set for any reason, including but not limited to: unauthorized posting of your set, poor labeling of your set, a correction or editing of your set resulting in a new replacement version, or even embarrassment over an older and less-skilled work.
The administrator of a public forum in which your work has been posted and from which you request your work be removed does not need to be provided with a reason, though giving one may be helpful for maintaining a good working relationship with everyone within the KiSS community. If you do not wish to provide a reason, the administrator of the forum in question may ask for one, but you do not need to give one. That administrator must remove said artwork. Please be cognizant of the fact that many web administrators have busy schedules, and while they must remove your artwork, they must do it as soon as they possibly can. Understand that for some people this may take longer than others. A reasonable amount of time for removing artwork from a forum which is distributing your work without permission can be stipulated by you; however, giving someone three days to a week is fair. A reasonable amount of time for removing artwork from a forum to which you originally gave permission to distribute your work can be longer, and unless extenuating circumstances prevail, you should not stipulate a time limit. Do not expect even the most diligent administrator to always be able to remove work immediately.

You may request to replace an old KiSS file which you would like removed with a new, corrected, or updated one. In such a case, the administrator of the forum in which the file replacement would take place must remove the old work, but need not replace it with the new work unless he or she wishes. The removal of the old work should be carried out as soon as possible, but the replacement need not be immediate and should be carried out at the administrator's leisure.

You may also publicly ask for a set to be removed from everyone's KiSS collection. Again, no reason need be provided. However, in this case, you absolutely cannot expect everyone or even a majority of the people who have copies of your set to remove it. Remember, many of them may never see your request. While it is totally unrealistic to expect anyone to comply with such a request, it is within your rights to make such a request and it can't hurt to ask.

If you request that your art be removed from any forum, you should save a copy of the email.

Sometimes, the administrator of a forum in which your work has been posted may not comply with a request for removal.

If the administrator replies with a refusal to remove your work: You still have a right to make them remove it. You can contact their web host or Internet provider and lodge a complaint. Different hosts have different regulations about what you must do in order to have them remove files from a client's site, or to close a site completely, so you should find out specifically what the rules are for each host when you contact them.

If you are confused about contacting a web host, just ask for help in a public forum- many KiSS artists have done it in the past and will help you figure out the best way for you to do this. If the administrator does not reply in a timely fashion: Try again. Make sure you have the email address right. Tell them that you have written to them previously and include a copy of your previous correspondence. Be more specific about your requests. If the administrator in question does not have the same first language as you, see if you can get someone to translate a letter. If a second request goes unanswered, treat the situation as if they have refused to remove your work and contact their web host.

All of the above is true for any forum which displays your artwork in other ways: as Java "pseudo-KiSS," as 2-d "fan art," as cartoon dolls, or in any other way.

What are my rights? -- right to distribute -- right to remove --usage/property-- questions about templates -- rights for archivists

3) Usage/Property

There are a lot of different issues and questions about what belongs to who in a KiSS set. They are not all discussed here because there are a lot of very smart people who disagree on these issues. What are covered here are issues that come up when one person ("you") wants to use art from someone else's ("the artist") already-made KiSS set. These documents hold true even (and especially!) if the set by the artist has not been finished and/or distributed.

Practice sets: A "Practice Set" is an exception to what you read below. If you are learning how to KiSS or want to practice a certain part of KiSS and want to use a previously-made doll to do it, you do not need to ask permission or credit the artist because THIS SET SHOULD NEVER LEAVE YOUR HARD DRIVE. That is, a "Practice Set" is one that does not get distributed to *anyone,* *ever,* or is distributed VERY privately (e.g., by email to one or two people that you trust) and only for feedback or assistance as part of the learning process. If/when you distribute a practice set in this manner, it is best to make a note to the recipients that it is a practice set and should be deleted after feedback or assistance is given. You should also note the original artist's name and the .lzh filename of the original set. If you would like to be extra careful, you can add a label on the background or doll's body that says "PRACTICE SET: DO NOT DISTRIBUTE." If, after completing a practice set, you decide that you may want to release it after all, you ABSOLUTELY MUST follow all the instructions below.

If you are making a KiSS set that you would like to distribute and would like to use a .cel or bunch of .cels from another KiSS set, whether or not the KiSS set you would like to borrow from is based on a copyrighted character, you must:

--Ask the original KiSS artist for permission to use the .cels
In asking, you may want to provide them with some information about the set you plan on making. Who is it a set of? What rating would you give the set (some artists will say yes to a kid-friendly rating but not to a hentai set)? How do you plan on distributing the set (if you know)? Are you going to change the .cels a lot? The last question is important- some artists will only permit their work to be used if it remains unchanged, while others will only permit their work to be used if it is changed extensively.

-- Be very specific about how much of the original set you intend to use. If necessary, name every .cel you would like to use. Just because an artist lets you use some parts of a set does not mean he or she must let you use others.

--Ask how the artist would like to be credited. Would they like the name they used on the set, or a different name? Would they like you to post their email address? How about their website? If they want you to, you must do any and all of these things. You must also follow any other stipulations the artist in question puts forth. For example, an artist might want you to put a .cel with his or her name on it on the screen. If you do not like a stipulation given by the artist, don't use their material.

--Receive actual, written permission. Many people think it is okay just to ask-- it isn't! you MUST wait until the artist in question replies to you and says "yes you may use the things you asked to use."

--Credit the artist in whatever way he or she would like. It is also nice to not only credit but thank the artist, but you should be able to figure that out yourself.

--Follow any and all rules set forth. This includes anything you have told the artist previously about the set. If he or she gives you permission to use a base doll because you said you would make a kid-friendly sailor moon doll, do not make a hentai barbie doll, or ask for permission again if you must.

--Show the doll to the artist before distributing it to anyone else. Even at this late stage, if the artist decides not to let you use those .cels, you should not distribute the set with them. Make sure it is all OK with him or her before distributing the set.

A note on expansion sets: If you would like to create an expansion set for another artist's set, and you do not use ANY material from the artist's set in your set, you need not ask the original artist's permission. It is a nice gesture but not needed. However, if you plan on editing .cels from the original set and including the edited versions in the expansion set, you must ask permission. If you would like to distribute the expansion set with the original set, you must ask permission to do that as well. You still must credit the original artist using whatever name & credits he or she used in the original set or in distributing the original set, and must include the .lzh filename of the original set so that people can find it!

If you would like to turn a doll into a "Pseudo-KiSS" set (a Flash, Java, or other Computer Paper Doll Set), you must:

--Ask the original KiSS artist for permission to use the set.
In asking, you may want to provide them with some information on how the set will be used. Giving them the URL of the site where it will eventually be posted is the best way to do this. Some artists will happily allow their sets to appear on some kinds of sites, but not on others.

--Tell them if you are going to change anything. Tell them specifically how you plan on changing it. This includes leaving .cels out. Some artists will permit their work to be used only if it is unchanged, other artists will permit different kinds of changes. If you do not tell them you are planning on changing something, DON'T!

--Ask how the artist would like to be credited. Would they like the name they used on the set, or a different name? Would they like you to post their email address? How about their website? If they want you to, you must do any and all of these things. You must also follow any other stipulations the artist in question puts forth. For example, an artist might want you to put their name INSIDE the Java applet. If you do not like a stipulation given by the artist, don't use their material.

--Credit the artist in whatever way he or she would like. It is also nice to not only credit but thank the artist, but you should be able to figure that out yourself.

--Follow any and all rules set forth. This includes anything you have told the artist previously about your set.

--Show the doll to the artist before distributing it to anyone else. Even at this late stage, if the artist decides not to let you use it, you should not use it. Make sure it is all OK with him or her before posting your "pseudo KiSS"

If you would like to use or edit "screenshots" (2d pictures) of any image from a set (doll or otherwise) for use as 2d or "Flat" art (e.g., cartoon dollz, adoptables, web page decorations, etc.), you must:

--Ask the original KiSS artist for permission to use the images
In asking, you may want to provide them with some information about how you plan on using the images. What kind of graphics are you creating? Where will you use them (on a web page? In a print 'zine?) If you are hoping to use them on a web page, give the artist the URL. Some artists will happily allow their art to appear on some kinds of sites, but not others. Are you going to change the images a lot? The last question is important- some artists will only permit their work to be used if it remains unchanged, while others will only permit their work to be used if it is changed extensively.

--Name EVERY image you would like to use. Just because an artist lets you use one does not mean he or she must let you use others. Also, describe how the images will be displayed. Are they going to be used as the same character they were originally intended to represent? Some artists will not want you to use a well-known character as an illustration of your own invented RPG character, for example. Will a character be naked? This is important to many artists.

--Ask how the artist would like to be credited. Would they like the name they used on the set, or a different name? Would they like you to post their email address? How about their website? If they want you to, you must do any and all of these things. You must also follow any other stipulations the artist in question puts forth. For example, an artist might want you to put his or her name directly on the image. If you do not like a stipulation given by the artist, don't use their material.

--Credit the artist in whatever way he or she would like. It is also nice to not only credit but thank the artist, but you should be able to figure that out yourself.

--Follow any and all rules set forth. This includes anything you have told the artist previously about how you will use his or her pictures.

--Show the resulting images to the artist before distributing it to anyone else. Even at this late stage, if the artist decides not to let you use those images, you should not use them. Make sure it is all OK with him or her before posting the images anywhere.

EXCEPTIONS TO THE "2-D" ART portion of this document:
An archive administrator who has already received permission to post a KiSS to his/her archive may assume that he or she may post a still image from the set for promotional or organizational reasons. These include but are not limited to: preview thumbnails for downloads, promotional images in an updates section, or in "advertising" the site.
The administrator may also use the name of the doll and the name of the artist as it appears in the archive for such purposes. If the artist in question wants only certain images used, he or she has a right to request such a thing, but the final word lies with the administrator. If an artist does not like the images chosen by the administrator, the artist may remove the set.

Anyone who is writing a review of a set may use images from the set to illustrate the set being reviewed and/or to illustrate a particular point. In this case, a writer should ask for permission and should find out if there are any images which the artist does not want displayed, but it is allowable for him or her not to.

Note that these exceptions only apply to "2-d" uses of KiSS art-- for example, an archive admin cannot make a pseudo-KiSS out of a set sent to him or her for distribution through the archive.

What are my rights? -- right to distribute -- right to remove --usage/property-- questions about templates -- rights for archivists

4) templates

templates and their use present a very interesting situation in KiSS. There are a lot of good reasons to use them and a lot of good reasons not to use them. Some artists use templates once in a while for special things, other artists swear by them. Some artists enjoy providing templates to the community, others will never allow their dolls to be used as templates. Obviously, you can weigh the pros and cons for yourself before making a doll with a template or making templates for other people to use. But, like everything, there is an etiquette to providing them and an etiquette to using them.

If you provide templates:

Templates, like KiSS dolls, are considered privately distributable. Anyone can provide your templates to anyone else if it is done privately & if documentation is provided. However, they are not publicly distributable and should not be posted in any public forum except those to which you post them yourself, or those to which you give permission to post them.
Normally templates are posted to an artist's personal page.

You may provide rules for template use. These can range anywhere from specific types of credit required (you can ask for a .cel in the set itself, for example) to ways in which the dolls may not be used (eg, they may not be used in hentai sets, their position may not be changed, they may not be used to portray a sailor moon character, no one may draw freckles on them). You may even require that you be given permission to post any doll which uses your template on your personal site or favorite archive. As seen in the examples, they may be as general or specific, as big or small as you like. However, if they are very big requests or very specific requests, it is likely that people won't use your templates very much.

If you do not provide rules for the use of your templates, it is assumed that anyone who uses a template in a KiSS doll may do anything he or she wants with it. You do not have the right to remove a set from any forum based on its use of a template by you. The template is considered your work, but the set is not. The exception is below:

NOTE: the below paragraph is extrapolation. Some template artists have provided rules for how to use their templates, but I do not know of any cases where an artist creating a set from such a template broke said rules.

If you have provided rules for use of your templates, THEN AND ONLY THEN do you have the right to remove a set from a public distribution forum.
In such a case, you absolutely must provide the administrator of the forum with documentation that shows the requirements you had laid out for use of your templates.
It is also courteous to send such documentation to the artist who made the set and point out why the set violates your rules.
In such a case, the artist may change the offending portion of the set to suit your requirements and redistribute it.

You cannot request removal of a set made using your templates because it breaks a rule if the set predates the rule.

You are responsible for telling artists how to credit you.
If you do not, you should still expect to be credited, but you may not expect to be credited in the manner of your choice.

You may remove your templates from circulation at any time.
While you may state that the templates should not be used once removed from circulation, you also do not have a right to request removal of a set based on such templates which is posted after the templates were removed unless, as discussed above, it offends a requirement previously set forth. Most people would have no way of knowing that you had removed the template from circulation.

If you wish to use templates in a set:

If the template is provided under the label "templates," you do not need to ask permission to use the template or to distribute a doll made with the template in any manner, unless the template artist has provided rules about the use of said templates which states otherwise.

You must follow all rules set forth by the template artist. If you disagree with a rule, don't use that artist's templates. There are lots of other great templates to choose from.

If you disagree with a rule but want to use a template anyway, you must write to the artist for permission.
Include the written permission, once received, in the documentation for the set.
If you do not receive written permission to "break" the rules, do not use the template.

You must credit any and all template artists in the manner in which they set out.
If they do not note how they would like to be credited, it is generally considered good form to write to them and ask.
Ask them whether they would like you to include an email address and/or a website URL.

If you cannot contact them, or they do not respond within a reasonable amount of time (about a week is fine), this should not impede your distribution of the set, and you may distribute the set crediting them using the name under which you found the templates.

If you use multiple templates or edit the templates a lot, you must still credit all of the template artists.
Even if you just use a small part, like a hand from a tamplate, you must credit that artist.

You CANNOT use a base doll from any KiSS set as a template unless you have permission. This includes base dolls that were made from templates.

If you would like to use a base doll or other items from a KiSS set, refer to part 3 of this document.

If you wish to use templates in some other medium (such as cartoon dollz, adpatables, etcŠ), you may not do so without permission. Templates are only intended for use in KiSS sets. Refer to part 3 of this document.

What are my rights? -- right to distribute -- right to remove --usage/property-- questions about templates -- rights for archivists

5) Rights for Archivists

Though in most cases the rights of the artists take precedent over everything else, it is still important to respect the administrators of any public forum which distributes KiSS sets. This can be an archive or gallery site, such as the BKP or HnH respectively, an artist's personal website, a mailing list or BBS, or any other possible public forum for distribution, on the Internet or otherwise.

Archivists have a series of rights and a series of responsibilities.

Responsibilities:

You must make sure that you have permission to post every doll which is in your archive.
Permission may be assumed if:
--an artist sends you the set with a note telling you to post it. In the case of a party known principally as an archivist, he or she may assume that any set sent to him/her that appears to be a request to post the set can be construed as permission. However, if the artist who created the set sends further communication that it was NOT intended for distribution, the archivist may not post it, or should remove the set from distribution.
--you request permission to distribute a set and receive a response that you may. As in cases above, simply requesting to distribute is not enough- you must actually receive a positive response.
--the documents contained within the set state specifically that the doll may be distributed in ANY public forum without individual permission.

You must respect any requests to remove material in a timely manner. These requests must either come from the artist or from someone who it may be assumed was responsible for artwork used in a set without his/her permission or agreement, or who was not properly credited. Obviously, everyone has different schedules and you may not be able to do this right away. But you should try to do it as soon as possible. If for some reason a set cannot be removed within a reasonable period, you should notify the person who requested the removal about the delay.
If the removal is requested by someone who claims that their artwork has been misrepresented or misused by the artist who gave you permission to post the work, you should contact the artist to whom the set was originally credited and try to work through the matter. Sometimes such issues are simply solved; other times they are more complicated.
If you have a very complicated problem to solve, I suggest emailing the KiSSML or posting it to ElaineMC's board; many people will be happy to try and help you.
Unless the complainant is obviously lying, t is always best to remove the work and contact both parties involved. If the work can be re-posted, you can always do it later.

You must represent the artists and their work as they wish to be represented.
--You must credit the artist using the name he or she requests. If you already distribute work by an artist who uses that name, you may ask the newer artist for a means of distinguishing him- or herself.
--You must post the artist's preferred email address, unless the artist tells you not to.
--If the artist wishes, you must post his or her website URL.
--You must use the Set Title and .lzh filename provided by the artist. However, if a set with that .lzh filename already exists in your archive or is non-standard (more than 8 characters or using non-standard characters), you may change the newer set's filename slightly to differentiate it.
--If the artist has any other requirements for posting his or her work, they must be carried out. If you don't like a requirement, you don't have to post his or her work.

Rights:

You always have the right to refuse to distribute a set. It doesn't matter why.
If someone requests that you distribute his or her set and you refuse, you should tell them that you are not distributing it, and you can give a reason if you like. Reasons can range from "This set has errors" to "I don't like you."
Since you are running a private institution, you can discriminate as much as you want. However, if you discriminate based on something really unfair, like religion or haircolor of the artist, it is less likely people will want you to distribute their work.
The best reasons not to distribute are always content-based. That can be due to adult content, quality of a set, filesize, or even genre. If you only host American comic book dolls, it is totally reasonable to refuse a manga doll.

You also have the right to remove a set from your archive. Again, it doesn't matter why. However, you should let the artist know that you are removing the set, and, if you like, provide an explanation.

You have the right to organize your archive however you like. If someone doesn't like the way you organize it, they don't have to post their dolls there.

You have the right to present your archive however you like. This can include everything from the title of your archive to a ratings system for the sets in your archive. If someone doesn't like it, they don't have to post their dolls there.

You have the right to use "screenshot" images from any dolls which you are permitted to distribute for promotional or organization purposes. These include but are not limited to: preview thumbnails for downloads, promotional images in an updates section, or in "advertising" the site.
You may also use the name of the doll and the name of the artist as it appears in the archive for such purposes. If the artist in question wants only certain images used, he or she has a right to request such a thing, but the final word lies with you. If an artist does not like the images chosen by the administrator, the artist may remove the set.

What are my rights? -- right to distribute -- right to remove --usage/property-- questions about templates -- rights for archivists