You remember that post about the homestuck t-shirt design contest collaborating with hot topic? And how Hot Topic are the biggest art thieves? This is recent. As you can see above, I stumbled upon Hot Topic’s website and they are selling a very popular fan art put on a t-shirt, and did not ask permission from the original artist (rismo).
This shows Hot Topic still continues their art thievery. Hot Topic are still taking art from artists without their permission. This is disrespectful and appalling.
EXCEPT YOU DID GIVE THEM YOUR PERMISSION.
BY AGREEING TO TERMS AND CONDITIONS ON DEVIANT ART.
THEY SOLD IT TO A THIRD PARTY ROYALTY-FREE.
woah oops deleting my deviantart account
*instantly puts logo on my best pictures*
6. Payment Unless otherwise agreed between Artist and deviantART in a writing from deviantART, the license granted to deviantART under this Agreement is royalty-free.
DeviantArt you literal piece of shit
That’s not okay
yo okay this is REALLY FUCKING IMPORTANT and imma be deleting my DA very soon because of it.
are you fucking for real
Just a heads up for people hosting their designs on DA
Okay. I just read through the “agreement” that DA has implemented, and it is truly heinous. I will not be posting on DA anymore.
3. License To Use Artist Materials. As and when Artist Materials are uploaded to the DeviantArt Site(s), Artist grants to DeviantArt a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
a) to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented; (DA can post them on their website and edit them in any way they see fit)
b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ; (They can publish your art in any media, use it to showcase their website or even promote certain groups without your knowledge. For all you know, your art could be promoting the KKK.)
c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and
d) the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement. (They can edit, change, or otherwise modify your artwork in any way they want, as well as sublicensing it to third parties, such as Hot Topic.)
e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated. (By posting on FA, you forfeit your right to dispute any third party profits or copyright infringements upon your art.)
f) During the Term, DeviantArt’s licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the DeviantART Sites. (DeviantArt can use your art to advertise anything they want.)
g) As used in this Agreement, the term “Artist Materials” means any content uploaded to the DeviantArt Site(s) which may include without limitation Artist’s name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all “skins,” computer-generated images or other artwork or images that Artist submits to DeviantArt in any medium or format whatsoever. (ANYTHING you submit to DeviantArt belongs to DeviantArt now. Including your drawings, your photos, videos, your stock materials, your music/audio, your written stories, and your artist name.)
Yes. THEY CAN EVEN USE YOUR ACTUAL ARTIST NAME. THEY OWN IT NOW, IF YOU ARE PART OF DA.
Burn them to the ground
Ok, for those of you who know me from dA, I am HEAVILY CONSIDERING just shutting that shit down.
SPREAD THIS LIKE WILDFIRE
We just wanted to reshare our response since this post from 2014 has been circulating again. DeviantArt was in no way involved with this situation. You can read the artist’s full account here, in which they explain that Cartoon Network legally licensed the artwork with Hot Topic.
We do appreciate the rallying of the community around the rights of this artist. Rights and ownership of artwork are an important cause which we do not take lightly. To clarify:
DeviantArt does not retain any ownership nor right to ownership of any artwork posted to DeviantArt. The point of question in our Submission Policy is one which gives us the right to present the artwork you submit to DeviantArt on DeviantArt. As stated in our Submission Policy, “Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to DeviantArt under this Agreement.” Thus, artwork posted to DeviantArt may be used in promotional material for DeviantArt (with all due credit for the work included), but never for non-DeviantArt commercial purposes, and never without express recognition of the original artist. The artist also always retains the right to remove the work from DeviantArt at any time, if they so choose.
By the same token, because we do not retain any ownership of artwork submitted to DeviantArt, we cannot license it to others either (be it individual or company) without the express permission and written agreement of the artist. From section 5 of our Submission Policy: “DeviantArt will contact Artist in writing about any individual commercial uses of Artist Materials instigated by DeviantArt.” If DeviantArt had been involved with this situation in any way, the artist would have been contacted in writing long prior to any commercial use of the artwork.
Again, we appreciate the passion with which the art community has come together regarding these circumstances, but as with all things, we’re always on the side of the artist.