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*
Oh for frick’s sake… ._.
I trusted you deviantart.
Fine print is so fascinating - - -
ARE YOU FUCKING KIDDING ME RIGHT NOW? THIS IS THE BIGGEST LOAD OF GOD DAMN FUCKING BULLSHIT I’VE EVER SEEN.
FUCK THIS SITE. SRSLY CONSIDERING DELETING MY ENTIRE ACCOUNT ON PRINCIPLE ALONE
…wOW.
This is basically why companies like Hasbro can get away with art theft, like the whole fanart theft thing that happened last year
This is horrifying and why it’s so damn important not to just gloss over the Terms of Agreement.
This alone makes me feel that people are better off going to another website. Deviantart is the biggest art website that I can think of, but if getting a DA account means agreeing to people selling your hard work without your permission and royalty-free, you have to wonder if it’s really worth it.
I think this needs to be spread.
Well that’s shitty. Damn
DAMN IT TUMBLR
People need to do their research. DeviantArt does NOT allow for third parties to sell your material; Hot Topic’s just a thief, plain and simple.
Here, quote dA’s ToS:
4. Copyright
deviantART is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to deviantART are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of deviantART or the appropriate owner of copyright in such works. deviantART does not claim ownership rights in your works or other materials posted by you to deviantART (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
Nowhere in that paragraph does it say your copyrights are handed over to dA.
And below that…
16. Copyright in Your Content
deviantART does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to deviantART a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on deviantART any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
WHAT THIS MEANS:
deviantArt will not pay you to show your work on the site. As it says above, For the sole purpose of enabling us to make your Content available through the service - that means JUST SO PEOPLE CAN SEE IT - you grant to deviantART a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. This means dA creates those preview thumbnails and other reproductions/derivations - such as Prints previews - just so your work can be displayed in its fullest on the site. dA does not sell your material unless you grant them permission, nor does dA claim copyright on your material. “Public display” is as your work is displayed in your own gallery.
Now, for the bold print of that, it means that third parties, such as Dick Hot Topic, have to request permission from the deviation’s owner in order to do anything other than link to your work. If they don’t, it’s likely breaking dA’s ToS and both you and dA could potentially sue them for doing so.
Thank you tumblr for getting people all panicked for no reason whatsoever.
Thank you, Cailas.